Cobb v. Cobb , 79 N.C. App. 592 ( 1986 )

Chief Judge Hedrick

concurring.

I concur in the decision of the majority to vacate the order awarding attorney’s fees in the amount of $3,000.00 and to remand the cause to the district court for a further hearing, findings and conclusions with respect to the appropriate attorney’s fees to be awarded. In cases such as this, it is the responsibility of the trial judge to determine first whether the party is entitled to have an award of attorney’s fees and then the reasonableness of those fees. The amount of attorney’s fees awarded is within the discretion of the trial judge, who should make sufficient findings to enable the reviewing court to determine whether the judge has or has not abused his discretion in the amount of the award. In making its decision about the amount of the award, the trial judge should take into consideration the nature and extent of the work performed, the skill and experience of the attorney, the amount of time required in the particular case, and the customary charges of attorneys practicing in that general area. I am not making a checklist for the district court judges to follow in every case. It is sufficient, in my opinion, if the judge makes sufficient findings to enable the reviewing court to determine whether the trial judge has abused his discretion in the particular case.

In the present case, the court awarded plaintiff attorney’s fees in the amount of $3,000.00, based on a finding that the attorney had spent 34.15 hours working on the case. This fee of $3,000.00 seems excessive absent more detailed findings as to the amount charged by other attorneys practicing in the general area.