Smith v. Khouri
734 N.W.2d 600
Mich.
2007
Check Treatment

*1 Order Michigan Supreme Court

Lansing, Michigan July 20, 2007 Clifford W. Taylor,

Chief Justice 132823 Michael F. Cavanagh

Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan KEVIN SMITH, Robert P. Young, Jr. Plaintiff-Appellee, Stephen J. Markman, SC: COA: 132823 Justices v 262139 Oakland CC: 2003-047984-NH LOUIE KHOURI, D.D.S., LOUIE KHOURI, D.D.S., P.C., and ADVANCED DENTAL CARE CLINIC, L.L.C.,

Defendants-Appellants. _________________________________________/

On order of the Court, the application for leave to appeal the November 16, 2006 judgment of the Court of Appeals is considered, and it is GRANTED, limited to the issue of whether, under the factors set forth in Wood v DAIIE , 413 Mich 573 (1982), MRPC 1.5, and other relevant case law, the trial court abused its discretion in awarding $65,556 in attorney fees on the basis of $450 and $275 hourly rates. Special attention should be given to: (1) whether the trial court evaluated all factors relevant to the determination of a reasonable fee; (2) whether the trial court applied such factors to all the attorneys involved; (3) whether in particular the trial court properly applied factors pertaining to the fees customarily charged in the locality for similar legal services, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal services; (4) whether it is relevant to consider the proportionality between the amount of attorney fees and the award of damages; and (5) whether, if the plaintiff retained his attorneys pursuant to a contingent fee agreement, this fact should affect the calculation of reasonable attorney fees on the basis of hourly rates.

The State Bar of Michigan, Michigan Trial Lawyers Association, Michigan Defense Trial Counsel, Inc., Michigan Manufacturers Association, and Michigan Chamber of Commerce are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.

C AVANAGH and K ELLY , JJ., would deny leave to appeal.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. July 20, 2007 _________________________________________ t0717 Clerk