- 8 - which included the question of the possibility of the partition of Louisiana realty. There is no limitation that permissible attorney fees under section 7430(c)(1)(B)(iii) can be recovered only for attorneys who make an entry of appearance in the controversy. Nor do we find that it was unreasonable for the estates to use such expertise. Accordingly, we hold that the estates are entitled to recover reasonable attorney’s fees under section 7430(c)(1)(B)(iii). Regarding the question of reasonableness under section 7430(c)(1)(B)(iii), the Jones firm’s fees must be subjected to the adjusted statutory hourly rate unless there is a showing that the subject matter of this case involved complex matters requiring special legal skills. In that regard, Attorney Benjamin’s qualifications were not tested, and he was not accepted or rejected as an “expert” by the Court. Furthermore, the estates have not established and/or argued that the nine individuals from the Jones firm had the type of expertise that would warrant fees in excess of the adjusted statutory hourly rate. We accordingly hold that the reasonable or recoverable fees of the Jones firm must be limited to the adjusted statutory hourly rate, a task that we leave to the parties under the operation of Rule 155. The estates’ secondary or alternative approach is to claim that any portion of the Jones firm’s fees not allowed as attorneyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011