Freshman & McGlynn v. Melinda Rohde (2011)

MEMORANDUM OF DECISION RE MOTION FOR JUDGMENT

This case comes to this court as a hearing in damages.   The plaintiff has sued for legal fees claimed to be due the plaintiff by the defendant.   The defendant appeared and disputed the amounts that were due.   The court heard both parties and took evidence.

The plaintiff presented Exhibit 1 which was the retainer letter.   The plaintiff presented Exhibit 2 which was a complete and comprehensive exhibit setting forth the time spent on the case, and the amount billed.   The court notes that this was an expensive divorce for the defendant.   It was obviously vigorously contested as the case was not resolved, and there was a full trial.   The plaintiffs appeared to have given their undivided attention to the preparation of the case for trial, and the trial that ensued.   Although the defendant disagreed with the amount of hours spent, there was no convincing evidence that the records submitted by the plaintiff attorneys were inaccurate.   The court finds that the best evidence indicates that there is a balance due on the final bill dated November 2, 2009 of $50,298.23.

The retainer letter indicates that the attorneys reserve the right to charge a late fee of .75% per month on any outstanding balance.   It is clear to this court that this money was not wrongfully detained under § 37–3a.   If interest is due, it is due under the agreement.   Just as the attorneys may request interest, this court has the equitable powers under those circumstances to deny the request for interest.   Accordingly, the interest request is denied.

The court finds the retainer agreement also in clear language makes the defendant responsible for costs and reasonable attorneys fees.   The court finds the affidavit regarding attorneys fees fairly sets forth the amount requested, and finds that 10.3 hours was a reasonable period of time to spend.   That the hourly rate of $200.00 per hour was reasonable and therefore, orders attorneys fees in the sum of $2,060.00.   The court does not order costs to be paid by the defendant.

Accordingly, judgment may enter in the total sum of $52,358.23.

SO ORDERED.

EDWARD R. KARAZIN, JR.

JUDGE TRIAL REFEREE

Karazin, Edward R., J.T.R.