Atalig says he spent 6,108 hours in Malite probate

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Posted on Jan 06 2009
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From 1995 to 2007, attorney Antonio M. Atalig provided 6,108 hours of legal services to the Angel Malite estate, equivalent to $2.1 million in attorney’s fees, according to a report the lawyer submitted to the CNMI Superior Court.

Atalig’s statement indicated that from 1995 to 2000 he spent 1,208.5 hours on the case, equal to $271,912.50 in attorney’s fees. From 2001 to 2007, the lawyer claimed that his rendered hours reached 4,899.5, translating to $271,912.50 in attorney’s fees.

The combined total amount is $2,109,225.

Atalig explained that the statement he submitted is the revised version of fees as required by the Superior Court.

He noted that costs such as telephone, fax, copying and other office expenses are not even included in the revised version.

Atalig and attorney Reynaldo O. Yana, who assisted him in the probate, have been in jail for nine months since March 2008 when Superior Court associate judge Kenneth Govendo found them in civil contempt for failing to return the $1.3 million they got as attorneys’ fees in the Malite probate.

During Monday’s hearing, Govendo ordered the temporary release of the two lawyers from detention until the next hearing on Jan. 16.

At the hearing, Govendo said he will review the documents, including the hourly billings, submitted by the two lawyers.

The judge asked whether Atalig will ask for $2.1 million in attorney’s fees since the Malite estate got only $3.4 million.

Atalig said no. He said their submission showing that they should actually be receiving $2.1 million in billing rather than $1.3 million was to show the court the number of hours they actually spent on this probate.

Govendo said that, based on his initial review of the documents, he is not satisfied and that the next hearing will be another opportunity for the two lawyers to explain.

Atalig told Saipan Tribune after Monday’s hearing that the Malite estate started with $3,000 only but, due to their efforts, it eventually got $3.4 million.

Atalig also noted that the contingency fee was based on the Malite family’s decision.

The lawyer for the heir claimants, Stephen Nutting, said most of the entries that the two lawyers submitted appear to be “very excessive.”

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