In August of 2007, Metal-Lite retained the services of Bradley Arant Boult Cummings LLP (BABC) to represent us in a property dispute. The firm assigned attorney Chris Thorsen to handle the case. In the ensuing four years, we are yet to make it to the courthouse steps, or reach any sort of conclusion in the case. However, we have received a exorbitant bill, with no visible progress made in the case. On the left hand side of the column is a copy of the statement of services that we received from Mr. Thorsen and Bradley Arant Boult Cummings LLP. In the right hand column is Metal-Lite's rebuttal to each itemized charge from Mr. Thorsen and BABC.
| Date |
Description of Services |
Atty |
Hours |
Amount |
Metal- Lite's Rebuttal |
|
| 08/15/07 |
Meeting with Pat Moskal regarding possible representation of Perfect Wall [no charge]; reviewing and analyzing documents received from Perfect Wall and Tom Herren: telephone conversation with Tom Herren regarding the factual background, the litigation and scheduling a meeting; conducting online research of Perfect Wall's business and the opposing parties and counsel. |
CET |
2.50 |
$575.00 |
Starts at $230.00 per hour | |
| 08/16/07 |
Reading and analyzing documents received from the client in preparation for the meeting at the property; preparing documents for the meeting with Tom Herren; multiple telephone conversations with Tom Herren regarding the property and the factual background; conducting online research regarding the property at issue in the litigation. |
CET |
3.50 |
$805.00 |
||
| 08/17/07 |
Travel to and from Crossville, TN for meeting with Tom Herren; meeting with Tom Herren; inspection of the property in dispute; meeting with court clerks to obtain copies of the courts' files. |
CET |
9.00 |
$2,070.00 |
||
| 08/20/07 |
Office conference with Chris Thorsen to discuss status of litigation, theories and strategy. |
PHM |
0.50 |
$162.50 |
$325.00 an hour. | |
| 08/20/07 |
Meeting with Pat Moskal regarding my meeting with Tom Herren; reviewing the documents received from Tom Herren during our meeting in preparation for filing suit against possible defendants; telephone conversation with Tom Herren regarding the meeting and the representation; telephone conversation with the court clerk regarding obtaining a full copy of the Circuit Court file. |
CET |
2.20 |
$506.00 |
||
| 08/21/07 |
Reviewing and analyzing photos of the I-40 Property; email correspondence with IT personnel regarding storage of the photos; analyzing potential causes of action arising out of the purchase of the I-40 Property. |
CET |
2.70 |
$621.00 |
||
| 08/22/07 |
Reading and analyzing court file received from the Cumberland County Circuit Court; telephone conversation with Tammy Thomas regarding the engagement letter and factual background; email correspondence with Tammy Thomas regarding the engagement letter and representation of Perfect Wall. |
CET | 1.00 |
$230.00 |
||
| 08/27/07 |
Email correspondence with Tammy Thomas regarding confirmation from Perfect Wall, Inc. that Tom Herren had authority to sign the engagement letter for representation relating to the I-40 property. |
CET | 0.20 |
$46.00 |
||
| 08/30/07 |
Drafting and revising Complaint to be filed against Heritage; meeting with Kyle Neal regarding conducting research of Tennessee case law in preparation for drafting complaint. |
CET | 5.40 |
$1,242.00 |
||
| 08/30/07 |
Office conference with Mr. Thorsen regarding a research assignment. |
KDN |
0.70 |
$112.00 |
$160.00 to start | |
| 08/31/07 |
Drafting and revising the Complaint to be filed against Heritage. |
CET | 2.70 |
$621.00 |
||
| 09/04/07 |
Electronic and treatise research regarding whether suit is barred by res judicata. |
KDN |
1.40 |
$224.00 |
||
| 09/05/07 |
Meeting with Kyle Neal regarding res judicata and statute of frauds research. |
CET |
0.20 |
$46.00 |
||
| 09/05/07 |
Research regarding the validity of the lease; research regarding the validity of a bilboard lease. |
KDN |
3.10 |
$496.00 |
||
| 09/06/07 |
Drafting and revising Complaint against purported lessee and the Fitzgeralds. |
CET |
4.20 |
$966.00 |
||
| 09/07/07 |
Office conference with Chris Thorsen to discuss extraordinary relief, strategy and options. |
PHM |
0.50 |
$162.50 |
||
| 09/07/07 |
Telephone conversation with Tammy Thomas regarding Joel Bannon's telephone conversation with Heritage; telephone conversation with Joel Bannon regrading his telephone conversation with Heritage; telephone conversation with the Chancellor's chambers regarding obtaining a temporary restraining order; drafting and revising the Complaint; drafting and revising the Cost Bond; drafting and revising the Application for Temporary Restraining Order; revising Restraining Order; drafting and revising Affidavit of Joel Bannon; telephone conversation with the clerk regarding meeting with the judge; conference with Pat Moskal regarding obtaining a TRO; telephone conversation with Joel Bannon regarding plans to meet to sign the affidavit; researching Tennessee Rules of Civil Procedure and local rules regarding proper procedures for obtaining TROs. |
CET |
6.50 |
$1,495.00 |
||
| 09/07/07 |
Drafted restraining order, and prepared for hearing regarding the restraining order. |
KDN |
0.80 |
$128.00 |
||
| 09/09/07 |
Revising Complaint; revising Application for Temporary Restraining Order; revising Affidavit of Joel Barron; drafting and revising Summons for the defendant; reading and analyzing case law regarding oral orders; preparing for the hearing on inssuing a Temporary Restraining Order. |
CET |
2.50 |
$575.00 |
||
| 09/10/07 |
Travel from Nashville to Crossville for purposes of obtaining an affidavit from Joel Bannon and filing the Complaint and Application for Temporary Restraining Order; travel from Crossville to Cookeville from purpose of speaking with the Chancellor about the Application for Temporary Restraining Order; return travel from Cookeville to Nashville; email correspondence with Tom Herren and Tammy Thomas regarding the update following the meeting with the Chancellor; conference with Pat Moskal regarding litigation strategy following the meeting with the Chancellor; drafting and revising cease and desist letter to Roger York accompanying pleadings. |
CET | 7.50 |
$1,725.00 |
||
| 09/10/07 |
Traveled to and from Crossville and Cookeville with Chris Thorsen filing complaint and pursuing a restraining order. [no charge] |
KDN |
6.70 |
N/C |
||
| 09/11/07 |
Telephone conversation with Roger York regarding the case; reading and analyzing letter and facsimile received from Roger York regarding the case and the order entered in the general sessions court; conference with Pat Moskal regarding litigation strategy in light of receipt of the final order; researching Tennessee Rules of Civil Procedure regading Motions to Alter or Amend; drafting and revising Motion to Alter or Amend Judgment and for Stay of Execution. |
CET | 3.30 |
$759.00 |
"Then Revise" | |
| 09/11/07 |
Drafting and revising Notice of Voluntary Dismissal of Chancery Court action. |
CET | 0.20 |
$46.00 |
||
| 09/12/07 |
Revising Motion to Alter or Amend; revising Notice of Voluntary Dismissal; telephone conversation with Tammy Thomas regarding the sign company's presence on the property; drafting and revising letter to attorney Roger York; telephone conversation with Roger York regarding the sign issue; telephone conversation with Joel Bannon regarding the sign issue; drafting and revising email update to Tammy Thomas and Tom Herren regarding recent events; reading and analzying settlement proposal letter received from Roger York; telephone conversation with Roger York regarding the sign issue; telephone conversation with Joel Bannon regarding the sign issue; drafting and revising email update to Tammy Thomas and Tom Herren regarding recent events; reading and analyzing settlement proposal letter received from Roger York; drafting and revising email correspondence with Tom Herren and Tammy Thomas analyzing settlement proposal. |
CET | 3.90 |
$897.00 |
"This is the same thing over and over" | |
| 09/12/07 |
Email correspondence with Mr. Thorsen regarding case strategy. |
KDN |
0.40 |
$64.00 |
||
| 09/13/07 |
Telephone conversation with opposing counsel regarding lease purchase proposal; email correspondence with Tammy Thomas regarding discussion of the lease purchase proposal. |
CET | 0.40 |
$92.00 |
||
| 09/17/07 |
Meeting with Tom Herren regarding the litigation. |
CET | 1.00 |
$230.00 |
"There was no meeting. I did not travel to Nashville and he did not travel to Crossville." | |
| 09/18/07 |
Drafting and revising settlement letter to counsel for heritage; telephone conversation with Roger York, counsel for Heritage. |
CET | 1.00 |
$230.00 |
||
| 09/19/07 |
Email correspondence with Tom Herren and Tammy Thomas giving an update regarding settlement negotiations. |
CET | 0.20 |
$46.00 |
||
| 09/27/07 |
Telephone conversation with Tom Herren regarding the status of the discussions with Heritage; preparing Notice of Change of Registered Agent for Perfect Wall, Inc. |
CET | 1.00 |
$230.00 |
This is the first time the attorney worked on the "Notice of Change of Registered Agent form" and spent one hour doing so. He does this three other times throughout the billing over a period of two months. If you would like to see the form is you can find one online. It is a one page form that took us 3 minutes to fill out. See total billing for this project on December 4, 2007. |