There have been a lot of questions regarding the article in the Gwinnett Daily Post concerning the recent court ruling about attorney fees.As a non-attorney, my opinion is that the proper procedure for the Council is to evaluate the claims for attorney fees based on the law as defined in the Official Code of Georgia Annotated, commonly called OCGA. There are a number of statutes that apply to claims for attorney fees and it is essential that we seek guidance from our City Attorney in evaluating those claims within the context of Georgia law. Personally, I cant see any legitimacy to the claim for attorney fees. On July 17th, one of the plaintiffs attorneys signed a dismissal of claims in her behalf, and filed it with the court. The document states that she dismisses the claims she made in her complaint. If she voluntarily dismisses her claims, it seems to me that she is voluntarily giving up any basis for a claim for attorney fees. Again, that is a non-attorney viewpoint, although the law seems clear. With respect to the fees, I find the plaintiffs statement, shall we say, interesting. “I agree that the attorneys’ fees that are being requested are high. I don’t necessarily agree with the rates, but my attorneys did an excellent job.” Whether her attorneys did a good job or a bad job is irrelevant. Whats relevant is the law regarding attorney fees. And in my non-attorney view of the laws, I cant see any reason for the citizens of Snellville to be on the hook for $220,000. gwinnettdailypost/news/2014/aug/27/judge-mayor-kelly-kautz8217s-request-for-attorney/
Posted on: Thu, 28 Aug 2014 16:31:35 +0000
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