Yana, Atalig given ‘last opportunity’

Superior Court Associate Judge Kenneth Govendo on Friday ordered the temporary release from detention attorneys Reynaldo O. Yana and Antonio M. Atalig for another two weeks as their “last opportunity” to explain how they calculated their attorneys’ fees and why they were so high in connection with the Angel Malite probate.

Govendo allowed Yana and Atalig out from jail until the next hearing on Jan. 28 at 9am.

“I’m going to give them more than a week. This will end on Jan. 28,” the judge stressed.

Govendo continued the hearing after Yana requested for at least one week for him to explain in detail how he spent his attorney’s fees based on the checks that he issued.

Atalig, through counsel Douglas Cushnie, also pointed out that they did not receive any written objection to their submission statement of the fees. Cushnie said the written objection will allow them to respond accordingly.

Attorney Stephen Nutting, counsel for some of the Malite heirs, told Saipan Tribune after the hearing that in the last hearing Govendo really gave Yana and Atalig the opportunity to come back that day, Friday, to explain their fees.

Nutting said the two lawyers at the last hearing stated they wanted to bring an attorney to represent them so they could present their side of the case.

“Essentially it appears there was not much presented, but the court continued it for one more time to allow them one final opportunity to try to explain many of the problems,” Nutting said.

He said Govendo has already shown himself to be somewhat skeptical of the fees as they were billed because of the amount of hours that were done and very few documents that were submitted to the court as filing to support those billings.

“I think the court is going to make a decision of whether or not Mr. Atalig and Mr. Yana are entitled to any fees as a result of those excessive billings,” Nutting said.

Nutting pointed to a CNMI Supreme Court’s previous ruling that determined that an attorney submitting an excessive bill is not entitled to any fees whatsoever because to do otherwise would encourage lawyers to submit excessive bills just hoping that the judge might reduce that is something more reasonable.

“So the only way to deter attorney from doing that some sort of thing is to deny the fees altogether. And it is our hope that what this court will do,” he added.

Cushnie in an interview said his role was to represent Atalig under the situation regarding attorney’s fees.

Cushnie said he told the court that he wants specific determinations and to have opposing counsel point out specifically where are the problems was with the fees.

“Mr. Atalig submitted a written statement determination, multi-page, and that if there is a judgment as to any particular item we would like to know the objection to that item so that we can respond,” he said.

At Friday’s hearing, Govendo read numerous “questionable items” that appeared in Atalig’s report on the hours the lawyer apparently spent in the Malite probate.

Among the items raised by Govendo was the 10 hours that Atalig billed for just filing papers in court.

“Ten hours just to walk to the court?” the stunned judge asked as he continued reading more items in the report.

Nutting also raised many items in the hourly billings that according to him were “too excessive.”

Govendo even stated that Atalig, an attorney of law, can’t even spell correctly the word “dismissed” as repeatedly shown in Atalig’s submission.

With respect to Yana, the judge asked him if he wants Nutting, who was able to produce a copy of the checks that Yana issued, to tell the court the details how the checks were spent.

Yana said now that he knows the dates of the checks issued he just need more time to remember how the money were spent.

Atalig has submitted to the court a report showing that from 1995 to 2007 he provided legal services in the Malite estate for a total of 6,108 hours or equivalent to $2.1 million in attorney’s fees.

Atalig’s statement indicated that from 1995 to 2000 he spent 1,208.5 hours or $271,912.50 in attorney’s fees.

The lawyer claimed that from 2001 to 2007, his hours rendered reach 4,899.5 or $271,912.50 in attorney’s fees.

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

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

During the Jan. 5 hearing, Govendo ordered the temporary release of the two lawyers from detention until Friday’s hearing, Jan. 16.