:Practice point: A court has no inherent authority to reach the issue of attorneys' fees sua sponte. Rather, a court has inherent authority over attorneys' fees in two situations, namely, when an attorney asks the court to approve a fee, or a client complains about a fee.
Student note: Where the parties expressly contemplate additional fees in connection
with a successful appeal, such an award is legally and ethically
permissible.
Case: Stewart v. New York City Tr. Auth., NY Slip Op 09063 (1st Dept. 2014)
Here is the decision.
Tomorrow's issue: The doctrine of assumption of risk as it relates to the duty of care.
