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 .
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Books for Lawyers
to confirm or decline representation. A significant portion of the book is
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
lawyer and staff member that a potential malpractice claim exists in each day of practice.
In addition, the guide examines the
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.
This book probably will not be read
by every practitioner in America. Too bad. It should be.
Reviewed by J.R. Crouch of Las Cruces, N.M., treasurer of the
National Conference of Bar Presidents.
Court Awarded Attorney Fees.
By Mary Frances Derfner and Arthur D. Wolf. Matthew Bender; New York City. $210.00. Three volumes (looseleaf).
Any beginning law student can tell you that under the "American rule," all
parties to litigation bear their own
attorney's fees, win or lose. Practi
tioners, however, may tell you a dif ferent story. The exceptions to the rule that prove the practitioner's tale are the
subject of this new treatise. Although judicial exceptions to the
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
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
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
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
more complicated question. The statu
tory section should provide a handy ref erence tool.
The nature of the subject matter means that the treatise is not without its faults. The difficult questions posed?
Which party has prevailed? Does that
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102 American Bar Association Journal
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Books for Lawyers
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
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.
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.
This clearly is not a book to be savored in front of the fire or over a long weekend. However, it provides a useful
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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
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
Hufstedler, Miller, Carlson & Beards ley, Los Angeles, and chairper son of the Pro Bono and Delivery Pro jects Committee, ABA Young Lawyers Division.
General Interest
Studies in English Legal History. By T.F.T. Plucknett. Hambledon Press; London.
$40.00. (ABA members, $30.00.) 352 pages.
Theodore Frank Thomas Plucknett (1897-1965) was an outstanding English
legal historian in the generation follow ing Sir William Holdsworth (1871-1944).
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
misleading account of that topic in Raoul Berger's much-touted Impeach ment (1973).
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.
This reviewer's favorite among the score of essays included in the present volume is "The Case of the Miscreant
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104 American Bar Association Journal
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