Medbury v. General Motors Corp.

326 N.W.2d 159, 119 Mich. App. 351, 1982 Mich. App. LEXIS 3464

• Court: Michigan Court of Appeals
• Decided: September 9, 1982
• Docket: Docket 51359
• Status: Published

Opinions

Per Curiam.

The dispute in this case involves the proper attorney fees due and owing to appellant after it was discharged by appellees. The dissent sets out the facts in this case. Judge Kelly also correctly states the black-letter law which provides that findings of fact are not to be disturbed unless they are clearly erroneous. A trial court’s decision is clearly erroneous when, although there is evidence to support it, the reviewing court, on the entire evidence, is left with the conviction that a mistake has been committed. Tuttle v Dep’t of State Highways, 397 Mich 44, 46; 243 NW2d 244 (1976).

When determining disputed attorney fees, there are six factors to be considered by the court. In Crawley v Schick, 48 Mich App 728, 737; 211 NW2d 217 (1973), the Court stated:

"Where the amount of attorney fees is in dispute each case must be reviewed in light of its own particular facts. There is no precise formula for computing the reasonableness of an attorney’s fee. However, among the facts to be taken into consideration in determining the reasonableness of a fee include, but are not limited to, the following: (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. See generally 3 Michigan Law & Practice, Attorneys and Counselors, § 44, p 275 and Disciplinary Rule 2-106(B) of the Code of Professional Responsibility and Ethics.”

The appellant in this case contends that the trial court substantially relied on only one of the six factors, time. We do not agree. We are convinced that the court’s $75 per hour figure was not randomly chosen but was the court’s estimation of the Crawley factors. Likewise, the 140-hour figure was the court’s estimation of the time required to collect, analyze, and process the case file. While this Court may have concluded that the appellant had spent more than 140 hours during the period it represented its client or that something more than $75 per hour was an appropriate rate, the trial court’s determination is supportable. We are not left with the conviction that a mistake has been made.

The appellant also claims that the court abused its discretion in determining that certain evidence sought to be elicited from two of the attorneys for appellees was inadmissible. The dissent clearly sets forth the facts regarding this issue. Errors in the exclusion of evidence will not cause a verdict to be reversed unless the refusal to reverse is inconsistent with substantial justice. GCR 1963, 529.1. The evidence which appellant sought to introduce by questioning appellees’ attorneys, and which was excluded, was essentially presented to the court. Need it be noted that the best evidence of the quality of appellant’s work was its file which was before the court. Furthermore, inasmuch as appellant was representing itself, it had a second opportunity, as it were, to place before the court evidence of the quality of its work and its skill as an advocate.

The final issue is whether the judge erred by refusing to disqualify himself pursuant to GCR 1963, 912.2(2), on the basis of personal bias or prejudice against appellant. The judge’s statements showed his displeasure with appellant’s presentation; however, we must determine whether they rose to a level requiring disqualification. Having reviewed the case law in this area, we cannot conclude that the trial judge showed or admitted any personal animus toward appellant. Tyrrell v Tyrrell, 107 Mich App 435; 309 NW2d 632 (1981); People v Lobsinger, 64 Mich App 284, 285; 235 NW2d 761 (1975), lv den 395 Mich 802 (1975). Therefore, disqualification was not required.

Affirmed.

Costs to appellees.