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RIAA Has to Disclose Attorneys Fees In Foster Case
NewYorkCountryLawyer writes "The RIAA has been ordered to turn over its attorneys' billing records by March 26, 2007, in Capitol v. Foster in Oklahoma. The 4- page decision and order, issued in connection with the determination of the reasonableness of Ms. Foster's attorneys fees, requires the RIAA to produce the attorneys' time sheets, billing statements, billing records, and costs and expense records. The Court reviewed authorities holding that an opponent's attorneys fees are a relevant factor in determining the reasonableness of attorneys fees, quoting a United States Supreme Court case which held that 'a party cannot litigate tenaciously and then be heard to complain about the time necessarily spent by his opponent in response' (footnote 11 to City of Riverside v. Rivera)."
This is another win for little guys trying to defend themselves. Foster wanted the RIAA to pay her legal fees, they bulked trying to claim that her lawyer inflated his fees. The Judge basically called them to the mat and said that if they are spending [large sums of money] persecuting Foster, then she is entitled to have her expensive lawyer's fees paid. Inversely, if the RIAA was paying a first year law grad to handle the case all on their own, and Foster had hired a $2500/hr dream team, the Judge would likely come down in the opposite way.
-Rick
"Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
The RIAA's argument that they shouldn't have to pay attorney's fees is based, in part, that the cost of their legal team would have exceeded the amount Foster would have needed to pay them if the RIAA won. ( http://www.ilrweb.com/viewILRPDF.asp?filename=capi tol_foster_070221MotReconsider , page 4)
The judge is now saying "put up or shut up."
The post is only partly correct. Yes, a party normally cannot be compelled to divulge communications with counsel. This is an exception to/variation on that rule. First, no advice is being revealed, although perhaps some trial strategy (ie, an entry like, "research New York law on defenses to malicious prosecution") would be revealed. BUT, the substantive part of the case is over, so the other party gets no tactical advantage from seeing the billing records. Second, when the issue is attorney fees, parties have to produce the records to the court - simple as that. Here, the defendant (prevailing party, entitled to some award of fees) had to produce fee and cost records in order to ask for fee shifting. When plaintiff (losing party, facing the prospect of paying) objected to the reasonableness of defendant's request, the court decided to look at both sides' expenditures to get a sense of scale. No judicial activism (code for "a judge doing something I don't like") here, just a judge following SOP for fee requests.
Disclaimer: I am a lawyer, but I have NO involvement in this case whatsoever.
The fee arrangement isn't covered by attorney-client privilege. An attorney and a client conducting a business transaction (i.e., paying for the legal work) aren't protected, because it is only legal advice and the information the legal advice is based on that is protected.
I believe that actually will happen, because the judge has specifically provided that Ms. Foster can supplement her fee application after the RIAA is done with its fake 'discovery' on 'reasonableness', and denied the RIAA's application to change that provision.
Ray Beckerman +5 Insightful
It is blackletter law that the bills, invoices, statements, and retainer agreements are not privileged.
Ray Beckerman +5 Insightful
Chalk one big one up for the good guys.
If this was trivial you wouldn't have seen ACLU, Public Citizen, Electronic Frontier Foundation, American Association of Law Libraries, and ACLU Foundation of Oklahoma come in with an amicus curiae brief explaining the importance of the attorneys fee award here.
Ray Beckerman +5 Insightful
1. Whenever someone starts out "I'm no fan of RIAA, but......" that's a dead giveaway.
2. Any one with any legal knowledge knows that (a) attorneys' bills, statements, time records, and expense records are NOT privileged (b) the order is not an appealable order and (c) if it were appealable there is no basis for reversing it.
3. What rights and privileges is he/she/it talking about that were denied? The RIAA was a year in default in responding to the discovery notices. After the motion was made, it submitted its papers 2 days late, the judge accepted them anyway and read them carefully, and knocked down each frivolous argument the RIAA was making.
4. Ignore this troll.
Ray Beckerman +5 Insightful
I believe it's perfectly legitimate to make a loss pursuing legal action.
One case in the UK a couple of years back, an actor sued a media organisation for libel. He claimed and was awarded 1p damages.
Legal fees on both sides were a little more.
The win in court was the important factor, not the financial reparation.
And as for many divorce cases..