Summary judgment for attorney’s fees can be granted if an affidavit is filed by the movant’s attorney stating his opinions regarding reasonable attorney’s fees and this affidavit is not controverted by the opposing party. Use of an affidavit similar to this form is recommended as proof supporting the prayer for fees. For discussions of attorney’s fees in summary judgment proceedings, see section 19.52 in this chapter.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Plaintiff’s Summary Judgment Affidavit for Attorney’s Fees
BEFORE ME, the undersigned authority, on this day personally appeared [name of affiant], who swore on oath that the following facts are true:
“My name is [name of affiant]. I am of sound mind, capable of making this affidavit, and fully competent to testify to the matters stated herein, and I have personal knowledge of each of the matters stated herein.
“On [date] Plaintiff employed me to collect the claim on which this suit is based. Between then and the date of this affidavit, I performed [number] hours of work on this matter, including doing or causing to be done the following:
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Describe the work done; one or more of the following examples may be appropriate. |
“Defendant’s whereabouts were investigated.
“Defendant’s assets were investigated.
“Demand was made on Defendant.
“The disputed claim was discussed with Defendant and with Plaintiff.
“Payment arrangements were made with Defendant.
“One or more writs of [attachment/sequestration/prejudgment garnishment] were obtained.
“Prejudgment relief was obtained.
“Suit was filed.
“Requests for disclosure were served on one or more parties.
“Written interrogatories were served on one or more parties.
“Requests for production of documents were served on one or more parties.
“One or more orders compelling answers to written interrogatories and production of documents were obtained.
“Requests for admissions were served on one or more parties.
“One or more persons were deposed.
“An affidavit controverting Defendant’s motion to transfer venue was prepared, and Plaintiff’s position was argued at a venue hearing.
“A motion for judicial notice of the law of another state was prepared and presented at a hearing.
“A motion for summary judgment was prepared.
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Continue with the following. |
“If Plaintiff’s Motion for Summary Judgment is granted, I am of the opinion that $[amount] would be a reasonable fee for services required to perform postjudgment discovery and to satisfy the judgment by writ of execution and other procedures.[”]
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Include one or both of the following two paragraphs if applicable. |
“If Plaintiff’s Motion for Summary Judgment is granted and Defendant makes an unsuccessful appeal from this judgment, I am of the opinion that $[amount] would be a reasonable fee for services performed in this cause on appeal to the court of appeals.[”]
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And/Or |
“If Plaintiff’s Motion for Summary Judgment is upheld by the court of appeals and Defendant makes an unsuccessful appeal from this judgment and the judgment of the court of appeals, I am of the opinion that $[amount] would be a reasonable fee for services performed in this cause on appeal to the Texas Supreme Court.”
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Continue with the following. |
[Name of attorney]
Affiant
SIGNED under oath before me on ________________________________.
Notary Public, State of Texas