Statutory Fee Shifting: Ethical, Procedural, and Practical Considerations

You've successfully litigated your case and secured a favorable outcome. But what happens next when the statute under which you sought relief includes a provision for "reasonable" attorneys' fees and costs? This ethics-focused CLE program, presented by Wyatt Partners, provides an in-depth examination of statutory fee shifting - what it is, why it exists, and how it operates in practice.

Attendees will explore the procedural and substantive aspects of fee shifting, including key Rules of Professional Conduct, relevant case law, and strategic considerations. Drawing on extensive experience as fee experts and legal advisors, the faculty will provide practical insights valuable to law firms and corporations navigating the evolving landscape of statutory fee awards.

This program is designed for litigators, in-house counsel, and legal professionals seeking a deeper understanding of statutory fee shifting and its implications in modern legal practice.

Learning Objectives:

1. Examine the purpose and scope of statutory fee shifting, including the definition of a "prevailing party" and notable statutes such as the Bankruptcy Code, Copyright Act, Lanham Act, Patent Act, ERISA, and various civil rights laws
2. Evaluate critical concepts in fee shifting, including the Lodestar Method, reasonableness requirements, and burdens of proof
3. Discuss the Rules of Professional Conduct and legal criteria that govern statutory fee shifting, particularly in assessing reasonable fees and expenses
4. Gain insight into the preparation and submission of fee applications, the role of judges and in-house counsel, and best practices for supporting a fee request
5. Explore practical applications of statutory fee shifting through case law examples and expert analysis of successful and contested fee petitions