The Law Offices of Robin Bresky Successfully Provided Litigation Support in Opposing a Request for Attorney’s Fees
Our firm, through attorneys Robin Bresky and Jeremy Dicker, rendered litigation support in opposing a request for attorney’s fees at the state trial court level. Our clients were debtors in a Bankruptcy proceeding and we were retained following the Bankruptcy Court’s decision to authorize the state trial court to decide the attorney’s fees matter.
At the time of our involvement, the trial court had already found that the opposing party was entitled to an award of attorney’s fees. Our clients’ objective was for the award of attorney’s fees to not exceed a threshold amount so that the Bankruptcy Court could confirm our clients’ plan.
Our attorneys spent much time reviewing the trial court record and applicable case law. We drafted a comprehensive Memorandum of Law on the attorney’s fees issue. At our behest, our clients hired an expert witness. Our firm had multiple strategy sessions with our expert.
We attended at the attorney’s fees award hearing and aggressively advocated for our clients. We demonstrated that the amount of attorney’s fees requested was unreasonable through the presentation of our expert witness, cross examination of the opposing party’s witnesses, and persuasive closing argument. Notably, we had opposing counsel admit on the witness stand that he failed to contemporaneously input his billing entries, which the court relied on to justify a decrease of the fee award. Our attorneys made sure to preserve error during the hearing.
Fortunately for our clients, the trial court’s award of attorney’s fees did not exceed the threshold amount. Therefore, our clients were able to receive the Bankruptcy Court’s confirmation of the plan. Our clients were very happy with the outcome in their case as a result of our firm’s hard work.