What is Reasonable Attorney's Fees in Texas?

On occasion a client may wonder if the attorney's fees charged on his or her case is reasonable or justified. Attorney's fees can be a source of litigation in and of itself especially when it comes to protracted litigation, complex cases, or cases that become contentious or hotly contested.

When reviewing the reasonableness and justification of attorney's fees, Texas courts look to the following factors:

1. The time and labor required

2. The novelty and difficulty of the questions involved

3. The skill required to perform the legal service properly

4. The likelihood that the acceptance of the particular employment will preclude other

employment

5. The fee customarily charged in the locality for similar legal services

6. The amount involved and the results obtained

7. The time limitations imposed by the client or by the circumstances

8. The nature and length of the professional relationship with the client

9. The experience, reputation, and ability of the lawyer or lawyers performing the services; and

10. Whether the fee is fixed or contingent on results obtained or uncertainty of collection before the legal services have been rendered.

See Arthur Anderson & Co. v. Perry Equip. Corp., 945 S.W.2d 812, 818 (Tex. 1997). It is not necessary, however, that the record include evidence on each of these factors. See Burnside Air Conditioning v. T.S. Young, 113 S.W.3d 889, 897-98 (Tex. App.-Dallas 2003, no pet.). Generally, the nature and extent of the attorney's services are expressed by the number of hours and the hourly rate. Id. However, there is no rigid requirement that these facts must be introduced into evidence to support a finding that attorney's fees are necessary and reasonable. Id; Hays & Martin, L.L.P. v. Ubinas-Brache, M.D., 192 S.W.3d 631,636 (Tex. App.-Dallas 2006, pet. denied). In Hays & Martin, the court's holding affirmed an award of attorney's fees where the evidence did not include evidence of the number of hours spent working on the case. Hays & Martin L.L.P., 192 S.W.3d at 637. The attorney testified as to his hourly rate and that of another partner who worked on the case. He testified that the case was procedurally complicated and specified some of the work involved including numerous discovery motions, responses to jurisdictional motions, and a continuance. Id.

Of particular note is the factor of the likelihood of preclusion from other work. Most clients sometimes put pressure on his or her attorney or lawyer to finish or conclude a case. The reality in most lawyer's practices is that the attorney is sometimes faced with a heavy docket of cases. Taking a case sometimes precludes a lawyer from working on other cases or taking on any new cases. The fact that the attorney takes on a case, means that the lawyer is banking on getting compensated. Texas jurisprudence recognizes this practical aspect of a lawyer's practice and therefore considers this factor in determining the reasonableness and necessity of attorney's fees in Texas.