Can I make the other side pay my attorney fees?

pile-of-cash2Litigation is expensive and there are many opportunities to force the opposing party to pay your attorney fees. This notion is something we keep in our minds as we proceed through a lawsuit. We are constantly looking for windows to seek this remedy where it is made available by statute.

Generally speaking the Courts follow the American Rule, which states that each party is responsible for their own attorney fees and costs. However, the Oklahoma legislature has created numerous exceptions to this rule to create a more equitable outcome. Below I will discuss a few of these statutes. This list is not exhaustive but demonstrates the need for having a knowledgeable Tulsa Attorney on your side to help you navigate these complex issues. Continue reading

Flawed DUI affidavit may cost Oklahoma millions

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Protect your Rights by calling a Tulsa Criminal Defense Attorney
Originally Posted: Saturday, December 14, 2013 2:44 pm | Updated: 10:25 pm, Sat Dec 14, 2013. By ZIVA BRANSTETTER Tulsa World Enterprise Editor

A recent state Supreme Court decision could mean the Department of Public Safety must refund millions in fees to nearly 40,000 drivers whose licenses the agency revoked using a faulty affidavit.

In a ruling last week, the Supreme Court denied an appeal by DPS of a lower court’s ruling that documents used in DUI breath tests did not comply with state law. The decision means an October Court of Civil Appeals decision that the affidavit was “fatally flawed” stands as the final ruling in the case.

Attorneys who brought the case have now requested class action status in lawsuits filed in Tulsa and Oklahoma counties. The suits seek refunds for all drivers whose licenses were revoked between 2008 and October 2013, when the affidavit language was corrected. While the case decided by the appeals court involves only six people from three counties cited for driving under the influence of alcohol, DPS states in its appeal the decision could apply to “thousands” of drivers statewide.

The license revocation process is an administrative action separate from any criminal charges filed, which would not be impacted by the court rulings.

A Tulsa attorney representing drivers in the case, said the Supreme Court’s 7-2 rejection of DPS’ appeal was made in a relatively short time — three weeks — indicating the strength of the case.

Attorney John Hunsucker, based in Oklahoma City, said the suits seek refunds of all fees drivers paid to modify their revocations or reinstate their licenses. The suits also seek repayment of monthly fees drivers paid for ignition interlock devices allowing them to drive. DPS charges $175 to reinstate a driver’s license after an alcohol-related driving offense and about $300 to modify the length of the revocation

5 Principles of Legal Representation

4484676728_64fb95cabb_zOur practice is based on the five key principles of quality legal representation

1) Access to Affordable Representation – We offer FREE, no obligation, consultations on all legal issues.  During the consultation we will assess your legal needs and offer you the best payment option to fit those needs.  Some cases may be handled at no upfront cost to you.

2) Communication – Communication is paramount in any good relationship.  It is our promise to communicate with you so that we can understand fully the facts.  Understanding the facts is a crucial (and often overlooked) step in effective representation.    In addition, we promise to provide you with timely updates as to all progress made with your case.

3)  Education – We will provide you with information as to all aspects of your legal issue.  We believe that informed clients are better able to assist in their own representation.

4) Experience and Reputation – The attorneys of Mauldin & Bennett have the varied and diverse legal experience required to handle your legal problems.  We have an impeccable representation in the legal community because of our fair treatment to our clients and counsel.

5) Diligent and Zealous Representation – Most importantly you can count on us to advocate for you.  We never do “just enough” but instead we apply our experience, knowledge of the facts and law, and reputation to achieve the greatest possible benefit for you.