Texas Sample Letter for Plaintiff's Response to Defendant's Motion for Attorneys Fees

• Category: Letters - Legal - Responses
• State: Multi-State
• Control #: US-0376LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. Texas Sample Letter for Plaintiff's Response to Defendant's Motion for Attorney's Fees: [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Defendant's Name] [Defendant's Address] [City, State, ZIP] Re: Response to Defendant's Motion for Attorney's Fees Case No: [Case Number] Dear [Defendant's Name], I am writing in response to your Motion for Attorney's Fees filed on [Date], opposing your request for attorney's fees in the above-mentioned case. I have thoroughly reviewed your motion and would like to present the following arguments contesting the justification for granting attorney's fees: 1. Lack of Merit: As the plaintiff, I believe your motion lacks merit due to [provide details regarding the lack of merit, such as insufficient evidence, failure to meet burden of proof, etc.]. 2. Unreasonable Fees: Even assuming the Court finds merit in your motion, your requested attorney's fees are unreasonable and disproportionate to the complexity and nature of the case. Texas law allows attorney's fees to be awarded only if they are reasonable and necessary. I contest the reasonableness of the hours billed, the hourly rates applied, and the necessity of the tasks performed. [Provide specific examples or breakdowns of specific fees that you find unreasonable]. 3. Prevailing Party: Contrary to your assertions, I assert that I am the prevailing party in this lawsuit, as I have prevailed on the majority of the claims asserted. To award attorney's fees to the non-prevailing party would be against the fundamental principles of fairness and justice. 4. Absence of Statutory Basis: Texas law sets forth specific situations where attorney's fees may be awarded. I argue that your motion fails to establish any statutory basis for an award of attorney's fees. Specifically, [cite applicable statute and explain why it does not apply to your case]. In light of the reasons mentioned above, I respectfully request the court to deny your motion for attorney's fees in its entirety. In the event the court determines that attorney's fees are to be awarded, I request the court to conduct a thorough review of the fees claimed by your counsel and reduce them to a reasonable and appropriate amount. Please consider this letter as my formal response to your Motion for Attorney's Fees. Should the court require further information or documentation, I am prepared to promptly provide it upon request. Thank you for your attention to this matter. I look forward to the Court's ruling regarding this motion. Sincerely, [Your Name] [Your Case Caption] [Phone Number] [Email Address]

Texas Sample Letter for Plaintiff's Response to Defendant's Motion for Attorney's Fees: [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Defendant's Name] [Defendant's Address] [City, State, ZIP] Re: Response to Defendant's Motion for Attorney's Fees Case No: [Case Number] Dear [Defendant's Name], I am writing in response to your Motion for Attorney's Fees filed on [Date], opposing your request for attorney's fees in the above-mentioned case. I have thoroughly reviewed your motion and would like to present the following arguments contesting the justification for granting attorney's fees: 1. Lack of Merit: As the plaintiff, I believe your motion lacks merit due to [provide details regarding the lack of merit, such as insufficient evidence, failure to meet burden of proof, etc.]. 2. Unreasonable Fees: Even assuming the Court finds merit in your motion, your requested attorney's fees are unreasonable and disproportionate to the complexity and nature of the case. Texas law allows attorney's fees to be awarded only if they are reasonable and necessary. I contest the reasonableness of the hours billed, the hourly rates applied, and the necessity of the tasks performed. [Provide specific examples or breakdowns of specific fees that you find unreasonable]. 3. Prevailing Party: Contrary to your assertions, I assert that I am the prevailing party in this lawsuit, as I have prevailed on the majority of the claims asserted. To award attorney's fees to the non-prevailing party would be against the fundamental principles of fairness and justice. 4. Absence of Statutory Basis: Texas law sets forth specific situations where attorney's fees may be awarded. I argue that your motion fails to establish any statutory basis for an award of attorney's fees. Specifically, [cite applicable statute and explain why it does not apply to your case]. In light of the reasons mentioned above, I respectfully request the court to deny your motion for attorney's fees in its entirety. In the event the court determines that attorney's fees are to be awarded, I request the court to conduct a thorough review of the fees claimed by your counsel and reduce them to a reasonable and appropriate amount. Please consider this letter as my formal response to your Motion for Attorney's Fees. Should the court require further information or documentation, I am prepared to promptly provide it upon request. Thank you for your attention to this matter. I look forward to the Court's ruling regarding this motion. Sincerely, [Your Name] [Your Case Caption] [Phone Number] [Email Address]