Apr 8, 2016

"There are two lawyers but only one opens their mouth." No duplicate fees!

This morning, a hearing was scheduled in Courtroom 2 to see if Humboldt Coalition for Property Rights can get attorney fees from the County.

Judge Marilyn Miles told Mr. Timothy Needham and Mr. William Barnum, who represent HUMCPR, that while petitioner is entitled to fees, she could not come up with an amount because "what are reasonable fees?"

"You are entitled to fees," said Judge Miles. "My concern is about the amount of fees."

Judge Marilyn Miles told Mr. Needham and Mr. Barnum that under case management conferences, she needed more specifics. She pointed out for example, Mr. Jeffrey Slack appeared once, on behalf of Mr. Needham, just set a court date. "There are only two lawyers but only one opens their mouth," said Judge Miles. "When someone else is paying the fees,", she said attorneys are not allowed to charge duplicate fees and if she did not have specifics, how would she know what amounts they were entitled to?

The burden of proving fees is on the petitioners said Judge Miles.

Mr. Derek Cole is representing the County of Humboldt. "I feel the lawyers are fine people, they are ethical," he said. However he agreed with the Court that more than general statements needed to be presented for fees.

"The County's position is more different than mine, " said Mr. Cole. "The case started out as shaded parcels and their impact on the people. Then, we went into this innocent purchaser phase where owners parcels were given time to make the parcels legal."

"We spent considerable amount of time on this innocent purchaser issue which was not a part of the original pleading," said Mr. Cole.

The County had stopped the shaded parcels, said they would make that permanent, offered a settlement, which was refused by HUMCPR, then we spent a year discussing the innocent purchaser issue."

Mr. Cole said that the case management fees being sought could be settlement related. "We weren't able to settle because the petitioners did not settle."

He said that if any settlement related fees and fees related to the innocent purchaser issue be subtracted , the amount sought for fees would be reasonable.

The hearing has been continued. No final decision has been made. No other media was in court.

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