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Council v. Slack11/5/2002
rial court awards attorney fees under N.C. Gen. Stat. ยง 6-21.1, it must also make findings concerning "the time and labor expended, skill required, customary fee for like work, and experience or ability of the attorney based on competent evidence." Thorpe v. Perry-Riddick, 144 N.C. App. 567, 572, 551 S.E.2d 852, 856 (2001); see also Porterfield v. Goldkuhle, 137 N.C. App. 376, 528 S.E.2d 71 (2000). The mere recitation thatthe fees are "reasonable" without further findings is inadequate. Thorpe, 144 N.C. App. at 572, 551 S.E.2d at 857.
The amount of attorney fees awarded is not supported by the trial court's findings or conclusions. Moreover, the trial court awarded attorney fees for two attorneys without making findings as to whether this case reasonably required the skill of two attorneys or whether cases such as this customarily involve more than one attorney. The trial court awarded attorney fees based only on the following conclusions:
In its discretion, the Court allows attorney's fees requested for Plaintiff's counsel Lydia E. Lavelle, but deducting time spent reviewing the deposition of Dr. Paul Suh, leaving a total of 48.5 hours at a reasonable hourly rate of $100.00 for a total of $4,850.00.
In its discretion, the Court allows attorney's fees requested for Plaintiff's counsel James E Rogers, deducting time spent reviewing the deposition of Dr. Paul Suh, leaving a total of 105.5 hours at a reasonable hourly rate of $175.00 for a total of $18,462.50.
Although the trial court heard arguments in support of attorney fees, it failed to make findings concerning: (1) what was reasonable time and labor for plaintiff's counsel to expend, (2) skill required by this case, (3) the customary fee for similar cases and (4) the experience of the attorneys.
Since we are unable to determine if the amount of the attorney fees awarded is reasonable, we reverse and remand for a new hearing to determine the amount of attorney fees that should be awarded plaintiff.
Affirmed in part, reversed in part and remanded.
Judges McGEE and THOMAS concur.
Report per Rule 30(e).
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