Eminent domain taking legal fees on costs paid by plaintiff and reimbursed by defendant?

[HenryWeston]

Jurisdiction

New York

Are costs paid by plaintiff directly to expert witnesses in an eminent domain case subject to contingency percentage if awarded by judge for defendant to pay at end of trial.

 

[zddoodah]

As worded, your question doesn't make a lot of sense (and the phrase "subject to contingency percentage" doesn't make any sense). Each party will pay its own expert witnesses. If, at the end of the case, the court orders Party A to pay Party B's costs, then Party B will make that payment to Party A.

 

[HenryWeston]

As worded, your question doesn't make a lot of sense (and the phrase "subject to contingency percentage" doesn't make any sense). Each party will pay its own expert witnesses. If, at the end of the case, the court orders Party A to pay Party B's costs, then Party B will make that payment to Party A.

Sorry. I am not an atty. when those costs that are reimbursed by Party B , does our attorney take a percentage if not addressed in contract?

 

[zddoodah]

Here's the situation I think you're describing:

Charlie Client retains Amanda Attorney on a contingent fee basis to file a lawsuit against Defendant Co., Inc. In the course of the litigation, Amanda, acting on behalf of Charlie, hires an expert witness. Charlie eventually prevails, and the court awards Charlie his costs of suit, including expert witness fees.

Is that correct?

If so, the first thing that needs to be pointed out is that expert witness fees are not usually a recoverable cost, although there are some situations in which they are. Assuming Charlie's situation is one of those situations, and assuming Defendant Co. pays the costs, what happens to that money depends primarily on who paid the expert witness costs in the first place. If, as is most common, Amanda advanced the fees on Charlie's behalf, then she would retain 100% of the reimbursed fees. On the other hand, if Charlie paid the expert witness costs, then he should receive 100% of the payment, and Amanda should not keep any percentage.

Of course, if the situation is different, then my conclusion may be different.

 

[HenryWeston]

Here's the situation I think you're describing:

Charlie Client retains Amanda Attorney on a contingent fee basis to file a lawsuit against Defendant Co., Inc. In the course of the litigation, Amanda, acting on behalf of Charlie, hires an expert witness. Charlie eventually prevails, and the court awards Charlie his costs of suit, including expert witness fees.

Is that correct?

If so, the first thing that needs to be pointed out is that expert witness fees are not usually a recoverable cost, although there are some situations in which they are. Assuming Charlie's situation is one of those situations, and assuming Defendant Co. pays the costs, what happens to that money depends primarily on who paid the expert witness costs in the first place. If, as is most common, Amanda advanced the fees on Charlie's behalf, then she would retain 100% of the reimbursed fees. On the other hand, if Charlie paid the expert witness costs, then he should receive 100% of the payment, and Amanda should not keep any percentage.

Of course, if the situation is different, then my conclusion may be different.

Thank you for your prompt responses. Actually Charlie client hired the experts under the direction of Atty Amanda and Charlie client paid the bills of the expert witnesses.

 

[zddoodah]

Actually Charlie client hired the experts under the direction of Atty Amanda and Charlie client paid the bills of the expert witnesses.

Since Charlie paid the fees directly to the expert, any reimbursement received for those expenses should go 100% to Charlie.