Monday, May 21, 2007

attorneys fees - reasonableness

McMullen v. Kurtz - Superior Court - May 17, 2007

Legal fees in a contract must be reasonable even if the contract providing for the award of such fees does not specify that they must be reasonable. A reasonableness requirement is "implicit in the agreement."

In determining reasonableness, the court must consider, inter alia, how complicated the issues the issues in the underlying case were.