Wednesday, March 4, 2009

Good Faith Efforts Required By Plaintiff's Counsel Prior to Filing Suit

The Eleventh Circuit affirmed the denial of attorneys fees to the prevailing party even though fees were provided for by statute because the plaintiff's attorneys did not contact opposing counsel prior to suit-"And the lawyer for Plaintiff made absolutely no effort -- no phone call; no email; no letter"- [click for opinion]. While the opinion may have limited application, the introductory paragraph is very broad and states "[t]his appeal is about the power of a district court to supervise the work of the lawyers who practice before it."


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