HomeMy WebLinkAbout0646 Quite apart from the fact that astute deposing can be of
paramount importance, we feel that such reasoning discriminates~
against the smaller law firms and punishes a sEnior partner
if he happens to pay personal attention to the quality
preparation of his client's cause. Moreover, the court in ~
Oolite "Two" made no mention of the applicable statute, first ~
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above quoted, and while it did refer to Canon 2 of the Code
of Professional Responsibility (DR2-106(B)j, there is no
reference tQ the "results obt3ined" (Paraqraph DR2-106(B~].
The culmination of both Oolite cases was a voluntary
dismissal after an answer filed challenged the necessity of
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the taking. (See Footnote 2, P. 701, Oolite "One"). We are
aware that this result obtained was not of the cash variety but
it stopped the condemnation altogether, not often accomplished.l
~ To us, the problem in commandinq the trial court to set
the fee by "so much per hour", is that such may penalize more
competent counsel. It is axiomatic that an attorney of great
skill, experience and expertise in condemnation cases will re-
quire less time to achieve a better result.for his client than -
; an inferior inexperienced counterpart. Are we going to penalize
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~ the former for being superior?
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~ We note that counsel in this case was experienced and
~ • somewhat modest about his estimate of time spent. (Both he and -
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~ his witness testified that there must have been more time spent
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~ than reported). This case most probably would not have been
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~ appealed, had counsel indicated that he put in 500 hours work,
~ which he might well have dor.e had he been inexperienced, and
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~ the resulting-fee calculated at $170.00 per hour instead of
~ $340.Q0.
~ Finally, the case at bar reveals that the expert witness'
=v testimony as to the appropriateness of an $85,000 fee went un-
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~ 1The answer, and preparation therefor, resulting in a dismissal
~ by the plaintiff seems to ns to be a classic example of the
paramount importance of pre-trial expert preparation, which
= should not be downgraded.
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~ 60Q!( 282 PA!:E 638
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