Wednesday, July 28, 2010
A Private Matter
The Maryland Court of Appeals has held that fees awarded in debt collection matters are not determined by the lodestar method. Homeowners associations had sought review of fee awards arguing that the method was appropriate. The court here disagreed, noting that the litigation was "strictly a private matter and does not address any broader public ills. " Thus, the starting point in determining an award in a fee-shifting situation is Rule 1.5 of the Rules of Professional Conduct. (Mike Frisch)
http://lawprofessors.typepad.com/legal_profession/2010/07/the-maryland-court-of-appeals-has-held-that-fees-awarded-in-debt-collection-matters-are-not-determined-by-the-lodestar-method.html