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California Courts of Appeal

Nov. 1, 2023

Court of Appeal affirms trial court’s lowering of attorneys fees due to lack of ‘civility’

“Ample evidence supports the court’s reduction of the lodestar to account for plaintiff’s counsel’s skill given his incivility toward opposing counsel and the court,” Justice Anne H. Egerton wrote.

A state court of appeal affirmed a trial court’s decision to reduce a lodestar calculation of attorney fees, citing a lack of civility by the attorneys during the trial.

“The court’s order specifically recognized civility was not just a moral good but an aspect of attorney skill. Ample evidence supports the court’s reduction of the lodestar to account for plaintiff’s counsel’s skill given his incivility toward opposing counsel and the cour...

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