Court Awarded Attorney Feesby Mary Frances Derfner; Arthur D. Wolf

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<ul><li><p>Court Awarded Attorney Fees by Mary Frances Derfner; Arthur D. WolfReview by: Laurie D. ZelonABA Journal, Vol. 70, No. 4 (April 1984), pp. 102, 104Published by: American Bar AssociationStable URL: http://www.jstor.org/stable/20757077 .Accessed: 16/06/2014 06:43</p><p>Your use of the JSTOR archive indicates your acceptance of the Terms &amp; Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp</p><p> .JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact support@jstor.org.</p><p> .</p><p>American Bar Association is collaborating with JSTOR to digitize, preserve and extend access to ABA Journal.</p><p>http://www.jstor.org </p><p>This content downloaded from 188.72.126.181 on Mon, 16 Jun 2014 06:43:03 AMAll use subject to JSTOR Terms and Conditions</p><p>http://www.jstor.org/action/showPublisher?publisherCode=abahttp://www.jstor.org/stable/20757077?origin=JSTOR-pdfhttp://www.jstor.org/page/info/about/policies/terms.jsphttp://www.jstor.org/page/info/about/policies/terms.jsp</p></li><li><p>Books for Lawyers </p><p>to confirm or decline representation. A significant portion of the book is </p><p>devoted to docket control, avoiding con flicts of interest and filing systems. These suggested systems will not fit every firm's total needs. A comparison of the systems recommended with those in place in most firms will result in improvement and reduce the chance of error or omission in these critical areas. The systems recommended are simple and inexpensive to put in place. They will serve as a constant reminder to each </p><p>lawyer and staff member that a potential malpractice claim exists in each day of practice. </p><p>In addition, the guide examines the </p><p>malpractice policy and explains in detail the elements of not only the malpractice policy but property coverage, liability insurance coverage, medical insurance, income disability and hospital indemnity insurance. </p><p>This book probably will not be read </p><p>by every practitioner in America. Too bad. It should be. </p><p>Reviewed by J.R. Crouch of Las Cruces, N.M., treasurer of the </p><p>National Conference of Bar Presidents. </p><p>Court Awarded Attorney Fees. </p><p>By Mary Frances Derfner and Arthur D. Wolf. Matthew Bender; New York City. $210.00. Three volumes (looseleaf). </p><p>Any beginning law student can tell you that under the "American rule," all </p><p>parties to litigation bear their own </p><p>attorney's fees, win or lose. Practi </p><p>tioners, however, may tell you a dif ferent story. The exceptions to the rule that prove the practitioner's tale are the </p><p>subject of this new treatise. Although judicial exceptions to the </p><p>basic American rule of jurisprudence have developed over a number of years, largely to address equitable concerns, it is only in recent years that a substantial number of statutory exceptions have been enacted. These legislatively cre ated rules were intended to serve vari </p><p>ous social goals, primarily private enforcement of legislative policy deci sions and deterrence of abuse of the judicial process. However, the practi tioner may find traveling through this thicket of judicial exceptions and statu tory entitlements is more difficult than is prevailing on the underlying claim. The authors have stepped into this </p><p>area with a treatise that attempts to provide both theoretical and practical guidance to the litigator. They have divided their analysis into three parts: a theoretical framework, a practice man </p><p>ual and a compendium of statutes and rules. This structure makes their treatise workable and useful as it permits the practitioner to focus quickly on a par ticular problem or to study in detail a </p><p>more complicated question. The statu </p><p>tory section should provide a handy ref erence tool. </p><p>The nature of the subject matter means that the treatise is not without its faults. The difficult questions posed? </p><p>Which party has prevailed? Does that </p><p>s 8 </p><p>5 </p><p>Take this perfect pair to work with you! </p><p>These unique Olympus outfits include an XA Series camera, the most pocketable 35mm cameras ever invented. Its re* markabfe compactness changed the shape of photography. 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See and hear it at your Olympus dealer now, or write for details to Olympus, Woodbury, NY 11797. </p><p>OLYMPUS ?awMdlll </p><p>Outfits </p><p>SAVE $3000 + </p><p>ON c^HSl WORD PROCESSING SYSTEMS </p><p>In re: </p><p>ELECTRONIC OFFICE EXCHANGE-, </p><p>Plaintiff-. </p><p>vs_ </p><p>HIGH WORD PROCESSING SYSTEM PRICES-, </p><p>Defendant - </p><p>ss. </p><p>FORA COMPLETE TRANSCRIPT AT NO OBLIGATION, CALL </p><p>?1-800-321-2986 DURING BUSINESS HOURS, EASTERN TIME ELECTRONIC OFFICE EXCHANGE </p><p>Your quality option for guaranteed, remanufactured </p><p>WANG S 34ABA </p><p>word processing systems </p><p>102 American Bar Association Journal </p><p>This content downloaded from 188.72.126.181 on Mon, 16 Jun 2014 06:43:03 AMAll use subject to JSTOR Terms and Conditions</p><p>http://www.jstor.org/page/info/about/policies/terms.jsp</p></li><li><p>Books for Lawyers </p><p>party meet other requirements for recovery? Which fees may be recovered? Who must pay them??are difficult issues that have engendered a substantial amount of litigation but very few firm answers. For that reason, a </p><p>review of the initial part of the treatise, dealing with theories and rules, does not yield specific answers to specific ques tions but serves only as a guidepost to arguments and problems. The authors^ treatment, however, is well organized and permits readers to find the discus sions with which they should be con cerned. </p><p>The second section of the book, con taining practice forms, will be more helpful to the novice in the field than the experienced practitioner. Nonetheless, it can be a useful guide and suggests a framework for the organization of mate rial that could be the key to a successful fee petition, or to the successful defense of such a claim. </p><p>This clearly is not a book to be savored in front of the fire or over a long weekend. However, it provides a useful </p><p>"2 </p><p>3\ 8 </p><p>1 </p><p>1 I c , O I </p><p>Si r 1 </p><p>o w ? u. </p><p>P WHEN </p><p>DIG </p><p>YOU </p><p>UST. work for you. We'll turn up the unvarnished facts ?discreetly, confidentially and economically?and give you the objective and essential information about people and companies you need for considered opinion and judgment. </p><p>Before you recommend or take action on a patent or trademark infringement, a joint venture, an acquisition, a merger, an invest ment or tax shelter opportunity, an important new executive or other critical matters?get a "Bishop s Report." Please call us or send our coupon. </p><p>BISHOP'S SERVICE, INC. The leading confidential reporting service since 1898. </p><p>| Proudfoot Reports is now a division of Bishop's Service. | NEW YORK, LOS ANGELES, BRUSSELS </p><p>BISHOP'S SERVICE, INC. 41 East 42nd Street, New York, NY 10017 212:867-2700 or 212-686-2294 </p><p>Yes, I'd like more information about your service. </p><p>Name_ </p><p>Company_ Address_ </p><p>City _State_Zip _ </p><p>Telephone _ </p><p>analysis in a difficult area with which more and more practitioners must become familiar. The information it con tains will be even more helpful as the complex web of common law and statu </p><p>tory fee provisions expands and the "American rule" becomes no more than a fondly remembered moment in the his tory of unsuccessful litigants. Reviewed by Laurie D. Zelon of </p><p>Hufstedler, Miller, Carlson &amp; Beards ley, Los Angeles, and chairper son of the Pro Bono and Delivery Pro jects Committee, ABA Young Lawyers Division. </p><p>General Interest </p><p>Studies in English Legal History. By T.F.T. Plucknett. Hambledon Press; London. </p><p>$40.00. (ABA members, $30.00.) 352 pages. </p><p>Theodore Frank Thomas Plucknett (1897-1965) was an outstanding English </p><p>legal historian in the generation follow ing Sir William Holdsworth (1871-1944). </p><p>Twenty of his articles on far-ranging top ics, nine from American periodicals, have been collected by the Hambledon Press in the volume under review. Three deal with the origins and early develop ment of the process of impeachment under Richard II, and those serve as an indispensable antidote against the sadly </p><p>misleading account of that topic in Raoul Berger's much-touted Impeach ment (1973). </p><p>Some of the papers appear dated now. "The Genesis of Coke's Reports" (1942) has been overborne by recent research into the early post-Year Book reports, now still largely unprinted. And Pluck nett's 1951 evaluation of Maitland neces sarily fails to reflect that master historian's lapses concerning the text of Bracton, now so gently but convincingly disclosed by Professor Thome's defini tive edition. </p><p>This reviewer's favorite among the score of essays included in the present volume is "The Case of the Miscreant </p><p>Performance bonds </p><p>for structured </p><p>settlements. When you want to guarantee specific performance of structured settlement agreements, you should require a payment performance bond. </p><p>For the protection of Plaintiff's Attorneys / Claimants Defendants / Insurance Companies Excess Insurers </p><p>Reinsurers Self-Insurers </p><p>Contact R. TUCKER FITZ-HUGH or ALFRED WESTERGARD * 3 </p><p>international &amp;&gt;ur11ic?, Ht?. j 1415 Richards Bldg., New Orleans, Louisiana 70112 I Tel.(504)581-6404 Telex 6821119 INSURUW 1 - c Appeal Bonds Fiduciary Bonds Replevin Bonds | </p><p>Financial Guarantee Bonds Contract Bonds 5 _Vessel Release Bonds_ </p><p>? </p><p>104 American Bar Association Journal </p><p>This content downloaded from 188.72.126.181 on Mon, 16 Jun 2014 06:43:03 AMAll use subject to JSTOR Terms and Conditions</p><p>http://www.jstor.org/page/info/about/policies/terms.jsp</p><p>Article Contentsp. 102p. 104</p><p>Issue Table of ContentsABA Journal, Vol. 70, No. 4 (April 1984), pp. 1-122, 125-164Front MatterFROM THE EDITOR AND PUBLISHER [pp. 6-6]President's Page: Dues dilemma [pp. 8-8]Letters [pp. 10, 12, 14]At Issue [pp. 18, 20, 24]LawScopeThe Bottom Line: How lawyers make sure they get paid [pp. 27-29]N.Y. bail skippers: Lower bonds, more no-shows [pp. 29-29]Not quite partner: Firms open new job level [pp. 30-31]Muzzling a court: Short ban worries ACLU [pp. 31-31]Docket timetables: Set standards, justices urged [pp. 32-32]Rumbling in Calif.: Court split is a dudfor now [pp. 32-33]Mt. St. Caseload: Appellate burden up 101 percent [pp. 33-33]Toll call: Class action suit against MCI [pp. 34-34]Service, not trial: Petty offenders get a break [pp. 34-35]Write it down? Jurors' note taking debated [pp. 35-35]School drug tests: Arkansas policy challenged [pp. 36-36]Videotaping: Device for fighting child abuse [pp. 36-36]The dogs win: Mass. curbs medical research [pp. 37-37]Football dilemma: Pro eligibility rule under fire [pp. 37-37]To catch a thief: Workplace stealing studied [pp. 38-38]Champion for the homeless: Onetime Wall Street lawyer wages war for street people [pp. 39-41]ABA MIDYEAR MEETING HIGHLIGHTSThe horse's mouth: Grand jury hearsay rule urged [pp. 42-43]Yes to marijuana: House backs medicinal use [pp. 43-43]Paper blitz pays: It keeps clients happy, two say [pp. 43-43]Reply to Burger: Some anger, some applause [pp. 44-44]Focus on terror: ABA nominee charts course [pp. 45-45]Baseball bucks: Arbitrator shares his stories [pp. 45-45]</p><p>Briefs [pp. 46-46]</p><p>CongresScan [pp. 48-49]LawPoll: Caseload crisis in U.S. Supreme Court [pp. 50-50]OFFICE MANAGEMENT: Business Reasons to Hire Minority Lawyers [pp. 52-57]SURVEY: Minorities in the Legal Profession [pp. 58-60]The State of Justice [pp. 62-66]"Can you help me? I've Been FIRED" [pp. 68-71]PART 2: The Dramatization of a Hostile Tender Offer [pp. 72-77]ANALYSIS: The Newest Data on Lawyers' Malpractice Claims [pp. 78-81, 84]PROFILE: Up and Coming in ATLANTA [pp. 86-90]The Infernal Footnote [pp. 92-94]Books for LawyersReview: untitled [pp. 96-97]Review: untitled [pp. 97-98, 100]Review: untitled [pp. 100, 102]Review: untitled [pp. 102, 104]Review: untitled [pp. 104, 106]Noted in brief [pp. 106-106]</p><p>Supreme Court Report [pp. 108, 110, 112, 114, 116-117]What's New [pp. 118, 120, 126-128, 130, 132-134]Legal Aids [pp. 122, 125]Computer Corner: Design your own attorney's professional computer system [pp. 135-136]Fairweather, Winters &amp;SommersSo what's new? [pp. 138-139]</p><p>Legal Ethics Forum: Why shouldn't solos be able to sell their practices? [pp. 140-142]Inside ABANews Update [pp. 143-146]Events [pp. 147-148]Nominating Petitions for State Delegates [pp. 149-150]The Public Work [pp. 154-156]</p><p>Browser [pp. 157-159]War Stories [pp. 164-164]Back Matter</p></li></ul>

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