Miles McGrane - December 17, 2005
Our current Rule concerning petitioning for a higher fee expressly says it does not prevent a later claim that the fee was excessive. Should the Amendment 3 Rule contain that language? In a case where the party has signed an Amendment 3 waiver & later in the litigation serves a Proposal for Settlement on the opposing party be required to place that party on notice of the waiver? The law on fee shifting is that the court can award a reasonable fee, NOT TO EXCEED THE TERMS OF THE CONTRACT. How can a lawyer advise his client the risk of not settling w/o this information?