ASSISTING WITH FEE DISPUTES
Attorney's fees are often hotly contested, particularly in large complex cases. Fees may be contested:
- between plaintiffs and defendants;
- between settling parties and objectors;
- among plaintiffs' attorneys as to how fees should be divided;
- by lawyers in competing class action cases; and
- by a court asked to approve fees, even if no party objects to them.
In any circumstance in which fees are at issue, complex legal and factual questions may arise and complicated relationships among and between counsel, parties, and the court are implicated. Prof. Rubenstein has worked as an attorney, consultant, and expert witness in the full range of different types of fee disputes, helping attorneys involved in these matters navigate the sensitive questions and concerns that are posed. He has provided assistance to both plaintiffs’ and defendant’s counsel, to settling and objecting parties. Prof. Rubenstein's assistance has ranged from testifying in court or submitting written declarations as an expert witness, to briefing, arguing, and negotiating fee issues as counsel, to providing informal guidance to lawyers as an expert consultant.