Attorney Fees in Michigan: Practical Pointers

If you litigate in Michigan courts, you’ve likely faced a familiar moment: building a record for an award of the fees and costs you are owed or disputing opposing counsel’s fee request.

While your “Best Practices to Obtain Attorney Fees” on-demand seminar—featuring Hon. Maureen H. Kinsella and longtime practitioner James W. Chryssikos—comes from a family law perspective, it covers practical advice for any litigator dealing with this tricky issue.

This summary highlights some of the key takeaways.

Valuable Advice for Litigators Across Practice Areas

Even though this seminar covers some specific statutory fee provisions that apply to Michigan domestic-relations cases, its discussion of applicable Michigan Court Rules and caselaw is valuable for all litigators:

1. Courts award what the record supports. 
Whether your fee claim comes from a statute, court rule, or contract, judges need a clear paper trail (authority + facts + math) to enter a defensible award.

2. Build it to be decided “on the pleadings.” 
Judges don’t always require evidentiary hearings. A well-supported motion (exhibits, affidavits, billing detail, and pinpoint citations) is safer than assuming you’ll “explain it at hearing.”

3. Reasonableness is usually rate × hours—then factors. 
Michigan precedent for analyzing the reasonableness of fees includes the Michigan Rules of Professional Conduct, applicable caselaw, and the State Bar of Michigan Economics of Law Survey. The starting framework involves identifying a reasonable local rate multiplied by reasonable hours, with potential adjustments based on identified factors.

4. Don’t rely on “the court knows my rate.” 
Don’t expect a judge to take judicial notice of the Economics of Law Survey or other evidence of a billing rate. Support your stated rates and time with objective materials (surveys when appropriate, affidavits, and clear billing).

5. Focus on good-faith arguments to avoid sanctions. 
MCR 1.109(E)(6)’s mandatory language requires a judge to impose appropriate sanctions on a party who violates MCR 1.109(E)(5). To avoid sanctions, demonstrate your good-faith arguments for modification of existing law.

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