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18 Michigan opinions name it 1 courts 2011–2024 3 in the last five years
The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Smith v. Khourigreen2 sentences2016On remand, we order the probate court to also reconsider the other Wood/MRPC factors in light of this Court’s conclusion that the appointment of Schaller was improper, keeping in mind that its analysis is intended to “aid appellate review.” Smith, 481 Mich at 531 . 2015This is a starting point, and the court should then consider the “remaining Wood[1]/MRPC factors to determine whether an up or down adjustment is appropriate.” Id. | 6 | 13 |
Augustine v. Allstate Insurancegreen2 sentences2016See also Augustine v Allstate Ins Co, 292 Mich App 408, 436 ; 807 NW2d 77 (2011). 2016See also Augustine v Allstate Ins Co, 292 Mich App 408, 436 ; 807 NW2d 77 (2011). | 1 | 1 |
In Re Temple Marital Trustgreen1 sentence2015And, in order to aid appellate review, a trial court should briefly discuss its view of the remaining factors. [Id. at 530-531; see also In re Temple Marital Trust, 278 Mich App at 138 .] The factors set forth under MRPC 1.5(a) are: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services; | 1 | 1 |
Island Lake Arbors Condominium Ass'n v. Meisner & Associates, P.C.green2 sentences2013Id. (“Longstanding principles of Michigan law supply a general rule predicating the amount of [an attorney’s] fee on the reasonable value of his services.”). 2013Id. (“Longstanding principles of Michigan law supply a general rule predicating the amount of [an attorney’s] fee on the reasonable value of his services.”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pirgu v. United Services Automobile Association
green
2 sentences2024And, in order to aid appellate review, a trial court should briefly discuss its view of the remaining factors. [Smith, 481 Mich at 530-531 .] In Pirgu, 499 Mich at 281 , the Supreme Court reiterated that after the trial court finds the baseline figure, the court “must consider all of the remaining Wood and MRPC 1.5(a) factors to determine whether an up or down adjustment is appropriate.” (First emphasis added; second emphasis original). 2023And, in order to aid appellate review, a trial court should briefly discuss its view of the remaining factors. [Smith, 481 Mich at 530-531 .] Subsequently, in Pirgu, 499 Mich at 281 , the Supreme Court reiterated that in determining a reasonable attorney fee, a court must first decide “the reasonable hourly rate customarily charged in the locality for similar services” and then multiply that rate by the reasonable number of hours expended in the case to arrive at a baseline figure. | 3 | 2018–2024 |
Wood v. Detroit Automobile Inter-Insurance Exchange
green
2 sentences2015And, in order to aid appellate review, a trial court should briefly discuss its view of the remaining factors. [Id. at 530-531.] 2 Wood v Detroit Automobile Inter-Ins Exch, 413 Mich 573 ; 321 NW2d 653 (1982). -5- The Wood factors referenced by the Supreme Court are: “ ‘(1) the professional standing and experience of the attorney; (2) the skill, time and labor involved; (3) the amount in question and the results achieved; (4) the difficulty of the case; (5) the expenses incurred; and (6) the nature and length of the professional relationship with the client.’ ” Id. at 529, quoting Wood v Detroi 2015And, in order to aid appellate review, a trial court should briefly discuss its view of the remaining factors. [Id. at 530-531.] 2 Wood v Detroit Automobile Inter-Ins Exch, 413 Mich 573 ; 321 NW2d 653 (1982). -5- The Wood factors referenced by the Supreme Court are: “ ‘(1) the professional standing and experience of the attorney; (2) the skill, time and labor involved; (3) the amount in question and the results achieved; (4) the difficulty of the case; (5) the expenses incurred; and (6) the nature and length of the professional relationship with the client.’ ” Id. at 529, quoting Wood v Detroi | 2 | 2015–2015 |
Ford Motor Company v. Department of Treasury
green
1 sentence2019Again, the trial court followed the correct analytical framework, see id., and defendant has not presented any persuasive arguments to support an upward or downward adjustment in this case. | 1 | 2019–2019 |
Van Elslander v. Thomas Sebold & Associates, Inc.
green
1 sentence2016And, in order to aid appellate review, a trial court should briefly discuss its view of the remaining factors.” [Id. at 229-230, quoting Smith v Khouri, 481 Mich 519, 530-531 ; 751 NW2d 472 (2008) (opinion by TAYLOR, C.J.).] With regard to determining the fee customarily charged, “[t]he reasonable hourly rate represents the fee customarily charged in the locality for similar legal services, which is reflected by the market rate for the attorney’s work. ‘The market rate is the rate that lawyers of similar ability and experience in the community normally charge their paying clients for the type | 1 | 2016–2016 |
Juarez v. Holbrook
green
1 sentence2015Notably, a few of the justices were critical of their colleagues in Juarez v Holbrook, 483 Mich 970 (2009), for failing to remand the case for reconsideration in light of Smith . | 1 | 2015–2015 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.