PJC General Negligence 2022

PJC 7.8

T HEFT L IABILITY

PJC 7.8

Attorney’s Fees—Question

QUESTION ______ What is a reasonable fee for the necessary legal services of [ Paul Payne ’s/ Don Davis ’s] attorney? A reasonable fee is the reasonable hours worked, and to be worked, multi plied by a reasonable hourly rate for that work. Do not include fees that relate solely to any other claim. Answer with an amount in dollars and cents for each of the following: 1. For representation in the trial court. Answer: _______________ 2. For representation in the court of appeals. Answer: _______________ 3. For representation at the petition for review stage in the Supreme Court of Texas. Answer: _______________ 4. For representation at the merits briefing stage in the Supreme Court of Texas. Answer: _______________ 5. For representation through oral argument and the completion of proceedings in the Supreme Court of Texas. Answer: _______________ COMMENT When to use. Section 134.005(b) of the Texas Civil Practice and Remedies Code provides that “[e]ach person who prevails in a suit under [the Texas Theft Liability Act] shall be awarded court costs and reasonable and necessary attorney’s fees.” A prevail ing person under the Texas Theft Liability Act may be the plaintiff or defendant. See Agar Corp. v. Electro Circuits International , 580 S.W.3d 136, 146–48 (Tex. 2019) (“The statute’s command that attorney’s fees be awarded to ‘each person who pre vails’ unambiguously applies to all persons, be they a prevailing plaintiff or defen-

108