Limited Explanation Of Fee Award Calculation Is Sufficient When Amount Of Award Is Not Substantial
SCHLACHER v. LAW OFFICES OF PHILLIP J. ROTCHE AND ASSOCIATES (August 3, 2009)
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Jean Schlacher got a root canal but fell behind in payments to her dentist. Her dentist obtained a judgment against her. Again, Schlacher fell behind on her payments on the judgment. The debt-collection law firm representing the dentist became quite abusive and threatening. Jean sought legal advice. Unfortunately, due to various lawyers' schedules and skill sets, she ended up with four different lawyers assisting her in her Fair Debt Collection Practices Act ("FDCPA") suit against the law firm. Fortunately, the suit was resolved in a short time, before any discovery, for a total of $6,500. Unfortunately, the parties were unable to agree on a fee award. The plaintiff petitioned for fees in excess of $12,000. The defendants objected to the attorneys’ hours and rates. The court awarded $6,500 in fees. Schlacher appeals.
In their opinion, Judges Rovner, Wood and Williams affirmed. The Court first rejected the plaintiff’s argument that the district court abused its discretion in awarding an amount in fees equal to the amount of the judgment. The Court explained that the district court reduced the requested amount because of its view that the work of the four attorneys was duplicative and excessive. The fact that the court noticed a coincidence that the amount of the fee equaled the amount of the judgment is irrelevant. The Court also rejected the argument that the lower court's fee award was an abuse of discretion because of its lack of specific findings and calculations. When a fee award is substantial, the Court cautioned that a district court must be precise in its calculations. Here, when the amount is not substantial, less precision is required. The court questioned the hourly rates for several of the attorneys because of their lack of experience in FDCPA cases, noted the lack of complexity in the case, and believed that one attorney would have been sufficient. That explanation is sufficient to sustain the award.
Hold on a minute. The dentist staff became abusive? How would that lead to an FDCPA violation? Would they not be original creditors? Better re-read the case.
Thanks, Gary. Of course, the law firm's employees are the ones that were abusive. I have corrected the post.