Free Memorandum - District Court of Arizona - Arizona

EXHIBIT 6
Case 2:O3—cv—O1415—ROS Document.217-4 Filed O9/22/2006 Page1 0f3

AFFIDAVIT OF JOSEPH C. DOLAN, ESQ Q.
State of Arizona )
) ss
County of Maricopa )
Affiant, being first duly swom deposes and says:
I was the only counsel in this matter on behalf of plaintiff Jerry Simms. I
received my law degree from the University of Arizona in May of 1982, was swom into
the State Bar of Arizona in October of 1982 and I have practiced in the tort and insurance
practice area of the law since 1982. I have been a member in good standing of the State
Bar of Arizona for approximately 24 years. I have represented insurance carriers and
plaintiffs alike in coverage actions prior to this particular case. Although my trial
practice has primarily focused upon personal injury cases, I have tried one previous
coverage case to a jury and one coverage case to the bench prior to trying the present
case.
The original fee agreement was stated as 30% of all amounts recovered.
The addendum fee agreement is a fee agreement which states a reasonable hourly
rate of $250.00 per hour. It is my observation that a $250.00 per hour fee is customary
and standard in Maricopa County where a lawyer of 20 plus years experience in
insurance litigation records and bills his time on hourly basis. Computed on a reasonable
hourly basis, present counsel would be reasonable in requesting a fee exceeding
$140,000. However, the Court in its discretion may limit the fee based upon the attached
fee agreements.
Affiant has reviewed and has approved the time set forth in the task based
itemized statement attached to plaintiffs Memorandum in Support of Award of
Attomeys Fees as Exhibit 5. All time spent and expenses incurred were reasonable and
necessary under the circumstances. In recording the time, aftiant has exercised "billing
judgment" and has sought to eliminate the recording of any time which was not strictly
Case 2:O3—cv—O1415—ROS Document 217-4 Filed O9/22/2006 Page 2 of 3

related to the litigation of the present case. Afiiant has made reasonable efforts to
eliminate umiecessary, duplicative and excessive time from Exhibit 5.
FURTHER AFFIANT SAYETH N T.
Jose . Do an, Esq.
Subscribed and sworn to before me thi day of Se mber, 2006, by
Joseph C. Dolan, Esq.
otary Public
4 Ncwry pubuc sg-qq ··'_' €'T·T\]
My Commission Expires:
5 @*1.,.% EXDWFS yny $3, M3
{3 2 oo Y
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