Breach of Contract Attorneys Proving Up Attorney's Fees

In other posts on this blog I have written about the ability of a party to recover its attorney's fees under Tex. Bus. Com. Code § 38.001 et seq. as well as through other statutory means. In Texas, the general rule is that the party seeking to recover attorney's fees carries the burden of proof. Stewart Title Guar. Co. v. Sterling, 822 S.W.2d 1, 10 (Tex. 1991). How do you prove up an attorney's fee claim? Generally either an expert affidavit or testimony will be offered proving up the attorney's fees. Included in this testimony are the factors that must be considered for an attorney fee award to be both necessary and reasonable. An expert witness will examine the hours worked, the amount charged, the type of case and other factors in offering their opinion about the reasonableness of the fee. Can a party recover attorney's fees even if it has agreed to pay its attorneys a contingency fee interest? Yes, but a party cannot simply ask a jury to award a percentage of the recovery. Ving Card A.S. v. Merrimac Hospitality Sys., Inc., 59 S.W.3d 847 (Tex. App.--Fort Worth 2001, review denied). Instead, expert testimony is offered proving up a specific amount. Proving up attorney's fee claims are a regular part of a breach of contract attorney's practice.

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