Attorney's fee and Appleseed (2004 film): Difference between pages

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{{Infobox Film

'''Attorney's fees''' (note that the use of the word 'attorney' connotes lawyers broadly: solicitors and barristers) are the costs of legal representation that an attorney's client or a [[party (law)|party]] to a [[lawsuit]] incurs. Attorney's fees are assessed in a number of ways, usually set by contract in advance of the representation, including by billable hours, flat fees, or [[contingent fee]]s. [[Attorney]]s who voluntarily accept work on behalf of indigent clients often work [[pro bono]].

| name = Appleseed

| image = Appleseed.jpg

| image_size =

| caption = Promotional poster for ''Appleseed''

| director = [[Shinji Aramaki]]

| producer = [[Fumihiko Sori]]<br/>[[Hidenori Ueki]]<br/>[[Naoko Watanabe]]

| writer = [[Haruka Handa]]<br/>[[Tsutomu Kamishiro]]

| narrator =

| starring = [[Ai Kobayashi]]<br/>[[Jurota Kosugi]]<br/>[[Yuki Matsuoka]]

| music =

| cinematography =

| editing =

| distributor =

| released = {{flagicon|Japan}} [[2004]]<br/>{{flagicon|USA}} [[January 14]], [[2005]]

| runtime = 105 min.

| country = [[Japan]]

| language =

| budget =

| gross =

| preceded_by =

| followed_by = ''[[Appleseed EX Machina]]''

| website = http://www.appleseedthemovie.com/

| amg_id = 1:316288

| imdb_id = 0401233

}}

:''For other uses, see [[Appleseed]].''

An upfront fee paid to a lawyer is called a [[Advance payment|retainer]]. Money within the retainer is often used to "buy" a certain amount of work. Some contracts provide that when the money from the retainer is gone, the fee is renegotiated.

{{nihongo|'''''Appleseed'''''|アップルシ－ド|Appurushīdo}} is an [[anime]] film, directed by [[Shinji Aramaki]] and originally released in [[Japan]] on [[May 17]], [[2004]]. It is based on the characters created by [[Masamune Shirow]] in the original ''[[Appleseed (manga)|Appleseed]]'' manga series that was published in [[1985]]. Although it shares some characters with the original series, this film's storyline is not connected to it.

== Plot outline ==

In some jurisdictions, in a [[civil]] case, a lawyer for the [[plaintiff]] can take a case on a contingent fee basis. A contingent fee is a percentage of the monetary [[judgment]] or settlement. The contingent fee may be split among several firms who have contractual arrangements amongst themselves for referrals or other assistance. Where a plaintiff loses, the attorney may not receive any money for his or her work. Many countries prohibit contingent fees as entirely unethical. Most jurisdictions in the United States prohibit working for a contingent fee in [[family law]] or [[Crime|criminal]] cases.

Set in 2131 AD, Deunan Knute, a young legendary female soldier is a survivor of the Third World War which has brought Earth to the brink of destruction. Alongside her former lover and comrade Briareos, who is now a cyborg, Deunan is brought to a Utopian city called Olympus, also inhabited by a genetically-engineered species called Bioroids. There, she integrates into the prestigious ESWAT organization to serve as the city's guardian. But what she discovers is not the promised land of peace, but rather a deadlier, more elusive battlefield than before.

Bioroids have a lifespan much shorter than those of humans, due to the suppression of their reproductive capabilities. When the facilities that were used in the Bioroid's life extension processes are destroyed by a secret faction of the Olympus Regular Army in a terrorist attack as part of its demonstration of fear and hatred for the Bioroids, a crisis which requires immediate resolution is formed, and the Appleseed data is revealed to still exist, even though most thought it destroyed.

In the [[United States]], state laws or bar regulations, many of which are based on Rule 1.5 of the American Bar Association's [[Rules of Professional Conduct]], govern the terms which lawyers can accept fees. Many complaints to ethics boards regarding attorneys revolve around attorney's fees.

Under the surface, as we can see, Olympus is plagued by conflicting factions. Some believe that Bioroids are a threat to the future advancement of mankind, whilst others believe that humans themselves are the threat. The ultimate question is over everyone's right to life, and whether or not one group deserves life more than the other. At the centre of this battle is Appleseed, the data that is able to extend Bioroid life, by restoring reproductive functions.

==Amount of fees==

== Characters ==

The range of fees charged by lawyers varies widely from one city to the next. Most large [[law firm]]s in the United States bill between $200 and $500 per hour for their lawyers' time, though fees charged by smaller firms are much lower. The rate varies tremendously by ___location as well as the specific area of law practiced. Typically (insurance defense firms have lower hourly rates than other non-insurance firms, but are compensated by having steady, regular paying work provided. Locations like Salt Lake City will average $150 per hour for an associate's time on a basic case, but will increase for larger firms.

===Deunan Knute===

Many survey of hourly rates are done. The American Intellectual Property Law Association ("AIPLA") commissions a survey of its members every 2 years and it publishes these in what it calls a "Report of the Economic Survey". The latest one is dated 2005. One for 2007 is being done now and will be published in June of 2007. Rates are collected for 14 geographic areas and by associate or partner. See www.aipla.org for more information, although the Surveys are not made available on-line but must be purchased. Many courts have followed the rates shown by these AIPLA surveys and they are highly-regarded for Intellectual Property litigation.

The daughter of Carl and Dr. Gilliam Knute, Deunan, who is considered as a beautiful and highly skilled warrior, has spent almost her entire life fighting in a war that was, for the most part, over. It was not until she was rescued by an ES.W.A.T. (Extra Special Weapons And Tactics) team, led by Hitomi and her former lover Briareos, in the middle of a ruined city just after Deunan had a short but fierce battle with unidentified enemies, that she was finally evacuated from the Badlands. When she arrived in Olympus, the change of environment was severe, but it was a greater shock to her when she found that Briareos had lost over 75% of his original body during the last Global War and was now a cyborg.

The State Bar of Oregon and the Colorado State Bar also have published an Economic Survey of rates for various areas of Oregon and Colorado and these are available on line.

The day after she was brought to the city of Olympus, Deunan learned that over half of the population of the city was composed of artificial humans called Bioroids and that her new friend, Hitomi, was one herself. Deunan also discovers that other people are looking for her, mostly because she possesses, without knowing it, the secret of "Appleseed". That interest will become extremely important when Hitomi's life will be at risk and the "Appleseed Data" will be needed to save her and the entire Bioroid population of Olympus. But the discovery of the "Appleseed Data" could condemn the human population to extinction without Deunan knowing about this detail. But that would mean defying the powerful Olympus Regular Army (O.R.A.), composed entirely of humans and under the command of General Edward Uranus III and Colonel Hades.

Perhaps the most widely followed set of rates are what is called the Laffey Matrix that is available from the United States Attorney's Office for the District of Columbia. These have been available sense 1982 and are updated each year. The hourly rates are shown by years of experience. For June 1, 2006 to May 31, 2007 the rates are as follows: 20+ years of experience, $425 per hour; 11-19 years, $375; 8-10 years, $305; 4-7 years, $245; 1-3 years, $205; and Paralegals/law clerks $120. [http://www.usdoj.gov/usao/dc/Divisions/Civil_Division/Laffey_Matrix_6.html]. The Laffey Matrix appears to be growing in acceptance by many court throughout the United States, but the matrix must be adjusted to account for higher or lower costs for legal services in other areas.

{{anime voices|Ai Kobayashi|Amanda Winn Lee}}

Hourly rates are increasing almost every year and some lawyers charge substantially higher than the rates shown by the Laffey Matrix. The first American attorney to regularly charge a four-digit hourly fee ($1000 and higher) was [[Benjamin Civiletti]] in late 2005.<ref>Andy Soltis, "LAWYER RAI$ES THE BAR - FIRST-EVER 1G/HR. FEE," ''[[New York Post]]'', 13 December 2005, 23.</ref>

===Briareos Hecatonchires===

==Loser pays==

Most countries operate under a "loser pays" system, sometimes called the [[English Rule]]. Under the English rule, the losing party pays the successful party’s attorney’s fees, as well as other court costs. The United States is a notable exception, operating under the [[American Rule]], whereby each party bears its own legal expenses. Some [[tort reform]] advocates propose adopting a "loser pays" rule in the United States.

At one time, Briareos was Deunan Knute's lover, as well as a comrade-in-arms in battle. During two years of hard separation for both of them, he was severely injured on the North African front. When Hitomi and the Elders saved him, he had over seventy-five percent of his body replaced by state-of-the-art mechanical components, making him a highly advanced cyborg. During Deunan's stay in Olympus he is assigned by his ES.W.A.T. superiors to protect her and also begins to search for the "Appleseed Data." In the original story, Briareos was a black man who lived in the mediterranean who served under Colonel Carl Knute, Deunan's father. In the original manga, Briareos and Deunan are not separated, and she is well aware of his cyborg body replacement.

Perhaps part of the theory behind the American Rule is that the risk of losing, and thus of having to reimburse defendants for their counsel fees, could dissuade plaintiffs from bringing even entirely legitimate claims. This risk would thus cause losses not only to the plaintiffs themselves, but also to society as a whole. Opponents of the rule argue that the American Rule allows plaintiffs to extract unmerited settlements by threatening to bring expensive suits, and that the American Rule encourages "lottery" litigation, where an organized group of plaintiffs' attorneys can bring hundreds of meritless litigations in the hopes of winning a large judgment in one of the cases.

{{anime voices|Jūrōta Kosugi|Jamieson Price}}

==Awards of attorney fees in the United States==

A number of laws provide for an award of attorney fees for a prevailing [[plaintiff]] in lawsuits involving:

* [[Class action]]s

* [[Civil rights]] violations

* [[Freedom of Information Act]] violations

* [[Copyright]] and [[patent]] cases

* [[Antitrust]] actions

* [[Lemon law]] cases

* Suits against the federal government where the position of the government was not "substantially justified"

===Athena Areios===

In addition, courts will allow the prevailing party to recover attorney fees in an action on a contract where the contract contains a provision allowing recovery.

Prime Minister of Olympus, Athena Areios is a first-generation Bioroid created by Deunan's mother, Dr. Gilliam Knute, and served as her lab assistant until Dr. Knute's death. Because Athena is a first-generation Bioroid, she doesn't have the emotional limitations the second-generation has, so she has greater latitude to use "extraordinary" methods to try to find Deunan. Of course, she also runs the risk that either the Council of Elders or General Uranus would find out and take action against her, so she, along with her chief-of staff Nike, have to be very careful.

There are many ways of calculating prevailing-party attorney fees. Most courts recognize that actual costs may be disproportionate and inequitable. Thus, many [[jurisdiction]]s rely on other calculations. Many courts or laws invoke a ''lodestar''' calculation: reasonably expected billable hours multiplied by a reasonable hourly rate, sometimes multiplied by a factor reflecting the risk or complexity of the case. Courts in class actions frequently award fees proportionate to the damages recovered. The [[Class Action Fairness Act of 2005]], which, among other provisions, regulates the fees that can be awarded in a class action, was passed in response to concerns that courts were not adequately overseeing the award of such fees.

{{anime voices|Mami Koyama|Mary Elizabeth McGlynn}}

Some [[statute]]s permit awards of attorney fees to prevailing defendants in extraordinary circumstances, such as proving that the litigation was [[frivolous lawsuit|frivolous]], in the sense of it being objectively baseless and in brought in bad faith.

===Nike===

==Tort reform and attorney fees==

Some [[tort reform]] proposals in the United States seek to further regulate attorney fees. [[Florida]] passed a law limiting contingent fees in [[medical malpractice]] cases. Some object to these laws as an unfair restriction on [[freedom of contract]].

Nike is Athena Areios's chief-of-staff, as well as being commander-in-chief of ES.W.A.T. Although she is a second-generation Bioroid, and being such having her emotions controlled, she is fiercely loyal to Athena, not to mention the Bioroids' prime purpose: the salvation of humanity.

==References==

<references />

{{anime voices|Miho Yamada|Mimi Woods}}

[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=224273&high=%20Gabriel%20CHin Gabriel Chin & Scott Wells, Can a Reasonable Doubt have an Unreasonable Price? Limitations on Attorney's Fees in Criminal Cases, 41 Boston College Law Review 1 (1999)]

===Hitomi===

A second-generation Bioroid, Hitomi is charged with recruiting new members of ES.W.A.T.. She had led the rescue mission of Deunan Knute in the Badlands, as well as aiding her getting settled in Olympus. Although her emotions are regulated, she has interest in the emotion of love, and is disturbed by hate, as expressed by the human soldiers of the O.R.A, especially towards the Bioroids.

{{anime voices|Yuki Matsuoka|Karen Strassman}}

===Yoshitsune Miyamoto===

Also a second-generation Bioroid, Yoshitsuni Miyamoto... or "Yoshi" as he is referred to, is ES.W.A.T.'s chief mechanic and Land Strider designer. He also would like to further examine Briareos' cybernetic armor more closely, if Briareos would allow it. His knowledge of mechanical workings would become useful later in the film. Yoshi seems to care for Hitomi.

{{anime voices|Toshiyuki Morikawa|Dave Wittenberg}}

===Edward Uranus III===

Supreme commander of the O.R.A., General Edward Uranus III has a great distrust of the Bioroids, and wishes to either control them or totally eliminate them. But unlike his subordinate Hades, he is not given to irrationality. A friend of the Knute family, Uranus deeply regrets the death of Dr. Gilliam Knute and wants to persuade Deunan to help him in his quest.

However, when General Uranus was made aware about about the Council of Elder's plans to replace humans with Bioroids, then sterilize the humans using the "D-tank", he voluntarily surrendered, rather than be used as a pawn in the Council's plans.

{{anime voices|Yuzuru Fujimoto|Michael McConnohie}}

===Hades===

Colonel Hades is Gen. Uranus's subordinate. Like Uranus, he has a great distrust of the Bioroids. However, his distrust has evolved into an irrational, all-consuming hatred, and wishes to see the Bioroids destroyed.

Originally, Hades served under Carl Knute, Deunan's father, in Los Angeles' S.W.A.T., but was thrown out by Carl because of his extreme methods. He held a grudge with Carl, and is furious that Carl's D.N.A. is in all the Bioroids.

In the end, he is killed by Deuan's pistol, which was her father's.

{{anime voices|Takehito Koyasu|Jack Aubree}}

===Kudoh===

Kudoh is one of the top members of ES.W.A.T. He participates in some training sessions with Deunan and eventually earns her respect. When she and Briareos head to Dr. Gilliam Knute's old lab, Kudoh comes along. After they are betrayed by a fellow ES.W.A.T. member who is sympathetic towards the O.R.A., Kudoh stays behind, keeping his gun trained on Hades so that Deunan and Briareos can escape.

Shortly after this, Kudoh is gunned down by numerous O.R.A. soldiers and collapses dead against the wall of a hallway. Deunan expresses great distress over his death, but Briareos drags her away reluctantly, the O.R.A. hot on their trail.

{{anime voices|Tadahisa Saizen|Jack Aubree}}

===Dr. Gilliam Knute===

Dr. Gilliam Knute was the scientist that created the Bioroids, as well as the "D-tank" virus, which is capable to redering normal humans sterile. It was during the creation of the first generation that she realized that the Council of Elders wanted to use the Bioroids to replace normal humanity altogether. Therefore, she arranged that the Bioroids would not be able to reproduce but kept the formula to activate their reproductive systems - codenamed "Appleseed" - in a pendant, which after she had her assistant Athena evacuated, she had given to her young daughter Deunan, with the promise to give it to Athena if she asked. Dr. Knute was later captured by the military - and mistakenly killed by a soldier in front of Deunan.

{{anime voices|Emi Shinohara|Mia Bradly}}

==Music==

The original soundtrack and music to the series features an [[electronic music|electronic]], [[techno music|techno]] and [[trance music|trance]] theme, with the likes of [[Paul Oakenfold]], [[Basement Jaxx]], [[Boom Boom Satellites]], [[Akufen]], [[Carl Craig]], [[T. Raumschmiere]] and [[Ryuichi Sakamoto]] handling the music.

==Sequel==

Director [[Shinji Aramaki]] will also be directing the sequel to the 2004 movie, titled [[Appleseed EX Machina]], which is set to be released in fall 2007 in Japan. The movie will once again feature animated [[computer-generated imagery]] and [[John Woo]] is fully involved in the production.

==References==

*[http://www.imdb.com/title/tt0401233/ IMDB's Appleseed article]

==External links==

*[http://www.appleseedthemovie.com/ Official ''Appleseed'' (2004) movie website]

* ''[http://www.metacritic.com/film/titles/appleseed Appleseed]'' at [[MetaCritic]]

*[http://imdb.com/title/tt0401233/ Details of the 2004 anime] at the [[Internet Movie Database]]

{{Appleseed}}

== See also ==

* [[Law of costs]]

* [[Laffey Matrix]]

[[Category:2004 films]]

{{unreferenced||date=June 2006}}

[[Category:Appleseed]]

[[Category:Films broadcast by Animax]]

[[Category:Anime of the 2000s]]

[[Category:Computer-animated films]]

[[Category:Anime films]]

[[Category:Science fiction action films]]

[[Category:Action thriller films]]

[[Categoryde:LawAppleseed]]

[[fr:Appleseed]]

[[ja:アップルシード]]

[[pl:Appleseed]]

[[pt:Appleseed]]

[[ru:Appleseed]]

[[zh:蘋果核戰記]]