Legal Opinion

Smith v. Khouri

Michigan Supreme Court

Decided July 2, 2008No. Docket 132823PublishedCited by 242 opinions

1Opinion of the CourtTaylor, C.J.

In this case, we review a trial court’s award of “reasonable” attorney fees as part of case-evaluation sanctions under MCR 2.403(0) calculated under some of the factors we listed in Wood v Detroit Automobile Inter-Ins Exch, 413 Mich 573; 321 NW2d 653 (1982), and Rule 1.5(a) of the Michigan Rules of Professional Conduct. We take this opportunity to clarify that the trial court should begin the process of calculating a reasonable attorney fee by determining factor 3 under MRPC 1.5(a), i.e., the reasonable hourly or daily rate customarily charged in the locality for similar legal services, using…

2Cases cited24 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
  4. Maldonado v. Ford Motor Co.Michigan Supreme Court · 2006
  5. Wood v. Detroit Automobile Inter-Insurance ExchangeMichigan Supreme Court · 1982

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3Cited by242 opinions

  1. Pirgu v. United Services Automobile AssociationMichigan Supreme Court · 2016
  2. Augustine v. Allstate InsuranceMichigan Court of Appeals · 2011
  3. Bronson Methodist Hospital v. Auto-Owners InsuranceMichigan Court of Appeals · 2012
  4. Heaton v. Benton Construction Co.Michigan Court of Appeals · 2009
  5. Aroma Wines & Equipment, Inc. v. Columbian Distribution Services, Inc.Michigan Court of Appeals · 2013

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