Reasonable Attorney Fees In Montana
The Court has jurisdiction of the parties, the subject matter, and the jurisdiction to enter Findings of Fact.
The Plaintiff's attorney fees of Twenty nine thousand two hundred and eighty seven dollars and forty nine cents ($ 29,287.49) are reasonable in this matter.
Pursuant to MCA 71-3-124, Plaintiff is entitled to reasonable attorney fees.
On July 23, 1998 Plaintiff filed a complaint against the Defendant in the above entitledmatter to enforce construction liens against the Defendant.
On September 30, 1998, Defendant filed an answer and counterclaim and demand for jury trial in the above-entitled matter.
On January 7, 2000, a twelve-person jury returned a verdict in favor of Plaintiff and against the Defendant.
On January 12, 2000, Plaintiff filed a Judgment against Defendant which set out the jury's verdict of $ 65,830.00 with interest thereon of 10 percent per annum and costs in the amount of one thousand nine hundred thirty-five and eighty-five/100 dollars ($ 1,935.85) pursuant to Plaintiff's bill of costs filed January 12, 2000.
Further, the Judgment ordered that the Plaintiff was entitled to recover from Defendant reasonable attorney fees which would be determined by a hearing.
5. on February 7, 2000 the Court heard Plaintiff's motion for attorney fees. Testimony on the part of both sides was heard.
6. Pursuant to MCA 71-3-124, Plaintiff is entitled to reasonable attorney fees.
7. Plaintiff's attorney needed to expend considerable time and effort defending the Defendant's unsuccessful counterclaim.
8. the Plaintiff's attorney charges of $ 85.00 per hour for in-office time and $ 125.00 per hour for out-of-office time, including trial time, are reasonable for this matter.
9. the hours Plaintiff's attorney spent on this matter, given the complexity and the counterclaim against him, of 309.50 total hours, both in and out of the office, are reasonable.
10. the Plaintiff's attorney fees of twenty-nine thousand two hundred eighty-seven and forty-nine/100 dollars ($ 29,287.49) are reasonable in this matter.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
The Court has jurisdiction over this cause.
Plaintiff's reasonable attorney fees in this matter are twenty-nine thousand two hundred eighty-seven and forty-nine/100 dollars ($ 29,287.49).
The Defendant is ordered to pay Plaintiff's attorney fees in the amount of twenty-nine thousand two hundred eighty-seven and forty-nine/100 dollars ($ 29,287.49) and bearing interest at 10 percent per annum, as previously ordered in the Judgment filed on January 12, 2000.