Louisiana: Appellate Standard of Review of Fees Award

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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Louisiana: Appellate Standard of Review of Fees Award

Post by David A. Szwak »

An award of attorney fees should be disturbed on appeal only when there has been a clear abuse of the vast discretion afforded the trier of fact. DeVillier v. DeVillier, 602 So.2d 1093 (La.App. 1 Cir.1992); Hebert v. State Farm Insurance Company, 588 So.2d 1150 (La.App. 1 Cir.1991); Solar v. Griffin, 554 So.2d 1324 (La.App. 1 Cir.1989), writ denied, 558 So.2d 582 (La.1990).

Southern Siding Co., Inc. v. Raymond
703 So.2d 44
La.App. 1 Cir.,1997.
David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Post by David A. Szwak »

The FDCPA dictates that an award of attorney fees must be reasonable. 15 U.S.C. § 1692k(a)(3). We have considered the record in this matter and the reasonableness of the fee in accordance with the factors set forth in State, Dept. of Trans. and Dev. v. Williamson, 597 So.2d 439 (La.1992), and codified in Rule 1.5 of the Rules of Professional Conduct of the Louisiana State Bar Association. In light of these considerations, we are unable to conclude that the trial court abused its discretion in the valuation of attorney fees.

Southern Siding Co., Inc. v. Raymond
703 So.2d 44
La.App. 1 Cir.,1997.
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