Do they expect a attorney to take a case for only $250?

[ApplePhone]

What is the name of your state? UT

I was reading the state law for CIVIL trespassing ( not criminal) and they say that you can get " reasonable attorney fees not to exceed $250"

Does this mean $250 PER HOUR or $250 for EVERYTHING?

No Attorney is going to take a case to only get $250, this is not reasonable at all. I hope they mean $250 per hour right?





Source;
https://le.utah.gov/xcode/Title76/Chapter6/76-6-S206.3.html

(4)

In addition to an order for restitution under Section 77-38b-205, an actor who commits any violation of Subsection (2) may also be liable for: (a) statutory damages in the amount of three times the value of damages resulting from the violation of Subsection (2) or $500, whichever is greater; (b) reasonable attorney fees not to exceed $250; and (c) court costs.

 

[adjusterjack]

It's clear to me that it's $250 tops. Not per hour.

Your maximum recovery is $500. That's small claims court and you wouldn't need an attorney.

The statute you posted 76-6-206.3 is Criminal Trespass on Agricultural Land or Range Land not Civil Trespass.

You might get more valid comments if you would provide details as to what happened to you and what you want to accomplish.

 

[quincy]

What is the name of your state? UT

I was reading the state law for CIVIL trespassing ( not criminal) and they say that you can get " reasonable attorney fees not to exceed $250"

Does this mean $250 PER HOUR or $250 for EVERYTHING?

No Attorney is going to take a case to only get $250, this is not reasonable at all. I hope they mean $250 per hour right?





Source:
https://le.utah.gov/xcode/Title76/Chapter6/76-6-S206.3.html

(4)

In addition to an order for restitution under Section 77-38b-205, an actor who commits any violation of Subsection (2) may also be liable for: (a) statutory damages in the amount of three times the value of damages resulting from the violation of Subsection (2) or $500, whichever is greater; (b) reasonable attorney fees not to exceed $250; and (c) court costs.

The $250 does not refer to a per hour amount - and you are probably right that no attorney is likely to take on a case for just $250.

Each party in a civil action is typically responsible for paying for their own attorney. However, a court potentially can award the prevailing party in a case reasonable attorney fees (with “reasonable” often far less than what an attorney charges). In Utah, attorney fees can be awarded by a court against a party who brings a meritless suit or files an action in bad faith.

https://le.utah.gov/xcode/Title78B/Chapter5/78B-5-S825.html

What you linked to in your post is to Utah’s statute “criminal trespassing on agricultural land or range land,” and what you quoted in your post states that $250 toward attorney fees can be awarded, in addition to restitution and statutory damages up to $500.

The $250 (if awarded) perhaps can best be looked at as a small gift to the prevailing party that reduces their total attorney costs. The attorney will still need to be paid according to the terms and conditions of the contract signed by the client.

 

[ApplePhone]

It's clear to me that it's $250 tops. Not per hour.

Your maximum recovery is $500. That's small claims court and you wouldn't need an attorney.

The statute you posted 76-6-206.3 is Criminal Trespass on Agricultural Land or Range Land not Civil Trespass.

You might get more valid comments if you would provide details as to what happened to you and what you want to accomplish.

It said under that information "

(6)	Civil damages under Subsection (5) may be collected in a separate action by the property owner or the owner's assignee.

So maybe the Civil law and criminal law are both on the same page?

 

[ApplePhone]

The $250 does not refer to a per hour amount - and you are probably right that no attorney is likely to take on a case for just $250.

Each party in a civil action is typically responsible for paying for their own attorney. However, a court potentially can award the prevailing party in a case reasonable attorney fees (with “reasonable” often far less than what an attorney charges). In Utah, attorney fees can be awarded by a court against a party who brings a meritless suit or files an action in bad faith.

https://le.utah.gov/xcode/Title78B/Chapter5/78B-5-S825.html

What you linked to in your post is to Utah’s statute “criminal trespassing on agricultural land or range land,” and what you quoted in your post states that $250 toward attorney fees can be awarded, in addition to restitution and statutory damages up to $500.

The $250 (if awarded) perhaps can best be looked at as a small gift to the prevailing party that reduces their total attorney costs. The attorney will still need to be paid according to the terms and conditions of the contract signed by the client.

Are you saying that trespassing is a meritless case? Have you heard of the 4 corners case? $7.75 Million for people stepping over the corner of his property for like 1 second. If I can prove someone trespassed on my property, why would that be frivolous?

Awarding only $250 attorney fees is not reasonable. Attorneys may charge that for a consultation without even taking the case. If its only $250 total, then it is about the same as saying zero. $250 will cover nothing.

 

[quincy]

Are you saying that trespassing is a meritless case? Have you heard of the 4 corners case? $7.75 Million for people stepping over the corner of his property for like 1 second. If I can prove someone trespassed on my property, why would that be frivolous?

Awarding only $250 attorney fees is not reasonable. Attorneys may charge that for a consultation without even taking the case. If its only $250 total, then it is about the same as saying zero. $250 will cover nothing.

No. Read what I wrote again and read the law I linked to. A court can award reasonable attorney fees in some cases, the cases of which include those found meritless or that were filed in bad faith.

With trespassing, there can be both criminal charges filed against the trespasser and a civil lawsuit filed against the trespasser. Damages awarded in both can include payment of attorney fees.

Please note that awarding attorney fees is not typical. Most litigants must pay their own court costs and attorney fees.

 

[adjusterjack]

Are you saying that trespassing is a meritless case? Have you heard of the 4 corners case? $7.75 Million for people stepping over the corner of his property for like 1 second. If I can prove someone trespassed on my property, why would that be frivolous?

Awarding only $250 attorney fees is not reasonable. Attorneys may charge that for a consultation without even taking the case. If its only $250 total, then it is about the same as saying zero. $250 will cover nothing.

Now you're getting into troll territory by continuing to rant about how unfair life is.

I will ask this for the last time.

What, specifically, is happening to you that gives rise to your questions.

Provide details and I may be able to address your options. Otherwise you are just wasting my time.

 

[quincy]

Perhaps ApplePhone is looking for some clarity on the decisions made in the Wyoming “four corners” trespassing case?

Although wealthy landowner Fred Eschelman claimed four Missouri hunters were liable for $7.75 million in damages for crossing over his private ranch property to hunt on landlocked (corner locked) public property, judges have disagreed with Eschelman. To my knowledge, Eschelman is continuing to appeal.

Eschelman is not collecting millions in purported damages and the attorneys in the case are getting paid far far more than the possible $250 that can be awarded toward attorney costs in Utah.

If ApplePhone is looking for a big payday by claiming someone has trespassed on his property, he will probably be disappointed. If ApplePhone trespassed on someone’s property, any attorney he hires will expect more than $250.

 

[zddoodah]

It's clear to me that it's $250 tops. Not per hour.

Agree.

Have you heard of the 4 corners case?

I haven't. Perhaps you could enlighten us since this supposed case is also a mystery to Google.

Awarding only $250 attorney fees is not reasonable.

OK, so lobby the state legislature to change the law.

 

[quincy]

Agree.




I haven't. Perhaps you could enlighten us since this supposed case is also a mystery to Google.




OK, so lobby the state legislature to change the law.

Your link is not to the Wyoming four corners case to which ApplePhone speaks.

 

[quincy]

Here is a link to Iron Bar Holdings, LLC v. Cape:

https://casetext.com/case/iron-bar-holdings-llc-v-cape

 

[ApplePhone]

Now you're getting into troll territory by continuing to rant about how unfair life is.

I will ask this for the last time.

What, specifically, is happening to you that gives rise to your questions.

Provide details and I may be able to address your options. Otherwise you are just wasting my time.

There is a case that case where a car dealer signed a contract to sell someone a car for like $50 instead of $50,000 because they forgot to include the zeros and the courts said it was an obvious mistake that was did not have to be honored despite having a sign contract.

$250 sounds like a per hour amount to me not a total amount that an attorney would charge someone to win a case. I did ask an attorney online and they told me that was $250 per hour. So its not really obvious what is the truth here.

Also, are these laws on the website like transactions of the actual law to make them easier to read?

 

[adjusterjack]

There is a case that case where a car dealer signed a contract to sell someone a car for like $50 instead of $50,000 because they forgot to include the zeros and the courts said it was an obvious mistake that was did not have to be honored despite having a sign contract.

Very common for courts to void a mistake like that.

$250 sounds like a per hour amount to me not a total amount that an attorney would charge someone to win a case. I did ask an attorney online and they told me that was $250 per hour.

Did he read the statute or just rely on what you said on the phone? Or maybe his fee is $250 per hour.

Also, are these laws on the website like transactions of the actual law to make them easier to read?

If you mean "interpretations" or "summaries' that's exactly what they are and they should not be taken as gospel without reading the actual statutes, especially since the actual statutes are readily available.

The statute says:

"reasonable attorney fees not to exceed $250"

It does not say "reasonable attorney fees not to exceed $250 per hour."

You read the words in the statute. You don't read words that aren't there.

 

[ApplePhone]

Agree.




I haven't. Perhaps you could enlighten us since this supposed case is also a mystery to Google.




OK, so lobby the state legislature to change the law.

Actually real attorney has told me the law means $250 per hour. So I remained confused.

 

[ApplePhone]

Very common for courts to void a mistake like that.



Did he read the statute or just rely on what you said on the phone? Or maybe his fee is $250 per hour.



If you mean "interpretations" or "summaries' that's exactly what they are and they should not be taken as gospel without reading the actual statutes, especially since the actual statutes are readily available.

The statute says:

"reasonable attorney fees not to exceed $250"

It does not say "reasonable attorney fees not to exceed $250 per hour."

You read the words in the statute. You don't read words that aren't there.

Well then I guess you are smarter than a real Utah Attorney who said:

" In Utah a party can obtain its attorney fees incurred in a litigation in two ways; (1) by statute; and (2) by contract. The statute you are referring to is an example of a case where if the relevant cause of action is one upon which you prevail, the court will award attorney fees to you. However, the legislature has identified in that statute the maximum rate that an attorney fee can be awarded on a per hourly basis. Stated differently, if an attorney worked 10 hours on the case, the maximum attorney fee that the court could award the prevailing party would be $2,500.00. That amount however, is NOT the maximum amount an attorney could charge you. Many - if not most - attorneys with 20 or more years of experience in the state of Utah are billing at hourly rates that exceed $350 and even $450.00 per hour. Attorneys with less years of experience are billing at rates that are more closely related to the amount stated in that statute. "


I quoted the law and had a link to the law and directly asked if the $250 was per hour or in total and explain that it did not say " Hour" in what was quoted. He is saying this refers to an hourly amount.

Perhaps this is one of those things you have to read between the lines or just understand the code they are speaking in.

Like if you go to Mcdonals and order a "small fry", what you are really asking for a small order containing many fries not just 1 small one despite saying "fry" as the singular form of the word instead of the plural form as "fries" I am sure there are other examples of people knowing what something means which is different than what is literally said.

Maybe attorneys all know that this is per hour. Like saying something cost you "an arm and a leg" , or that your feeling " under the weather"
We all know what they mean even if it does not translate literally.