Attorney Fees for In-house Counsel's Litigation Work

, Corporate Counsel

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Massachusetts has joined an increasing number of states that allow trial courts to award attorney fees to in-house counsel for work on litigation.

What's being said

  • In-house costs are long be allowed to be recovered as part of damages against an insurance company that breached its duty to defend. See Insurance Recovery of Litigation Costs, 30 Tort Ins. L. J. 997, 1006-07 (1995) (collecting cases) [also available on my firm‘s website]

  • James Durham

    A number of years ago. while serving as the deputy attorney general of a western state, the issue arose in an antitrust case on the attorney fees hearing. I asked for attorney fees on behalf of the state and it was objected to by private counsel for other plaintiffs, since it would have reduced to pool available for other plaintiff‘s counsel. The federal judge had no difficulty granting attorney fees for the work I did on behalf of the state.

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