reasonable attorney’s fees

Incentive for Taking Case on Contingency – the Contingency Fee Multiplier

Posted by David Adelstein on August 26, 2018
Trial Perspectives / Comments Off on Incentive for Taking Case on Contingency – the Contingency Fee Multiplier

A recent appellate decision came out regarding contingency fee multipliers–the incentive for taking a case on contingency.  

I included a thorough discussion on the requirements establishing a contingency fee multiplier here.  Check out this discussion that goes into establishing reasonable attorney’s fees and then the contingency fee multiplier.

Notably, in this case, the appellate court affirmed that the elements associated with establishing an entitlement to a contingency fee multiplier are as follows:

(1) whether the relevant market requires a contingency fee multiplier to obtain competent counsel (i.e., whether there are attorneys in the relevant market and would have taken the case on contingency absent the availability of the multiplier);

(2) whether the attorney was able to mitigate the risk of nonpayment in any way; and

(3) whether any of the factors set forth in Rowe (the reasonable attorney’s fees factors) are applicable, especially, the amount involved, the results obtained, and the type of fee arrangement between the attorney and his client.  This is looked at through the lens of the counsel at the time the counsel takes the case, and not with the benefit of hindsight.

There are a number of reasons for an attorney to take a matter on contingency.  While there is certainly a risk, there is also the prospect of an award, and with the contingency fee multiplier, the incentive is that a multiplier could be added to reasonable attorney’s fees to increase the amount of awarded fees. 

 

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.

 

 

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Your Reasonable Attorney’s Fees Expert May be a Taxable Cost

Posted by David Adelstein on September 17, 2015
Expert Testimony / Comments Off on Your Reasonable Attorney’s Fees Expert May be a Taxable Cost

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I am the prevailing party and I am entitled to recover my attorney’s fees from the opposing party! Now what?

If you are unable to come to an agreement with the opposing side regarding the amount of attorney’s fees you incurred, then you need to have an evidentiary hearing for the court to determine your reasonable attorney’s fees. This requires your attorney to testify as to the rates and the number of hours expended on the matter. This also importantly requires to you to have an expert testify as to the reasonableness of the attorney’s fees you incurred. See Jaffe v. In re: Guardianship of Jaffe, 147 So.3d 578, 581 (Fla. 3d DCA 2014) (explaining that proving reasonable attorney’s fees must be supported by expert witness testimony). This expert is nothing more than another attorney that testifies that the rates are reasonable and the number of hours expended was reasonable.   This expert is known as a reasonable attorney’s fees expert.

The good news is that this reasonable attorney’s fees expert may be taxed as a cost against the opposing party. Travieso v. Travieso, 474 So.2d 1184 (Fla. 1985); accord Jaffe, 147 So.3d 578; Mangel v. Bob Dance Dodge, Inc., 739 So.2d 720 (Fla. 1999).

More than likely, a court is going to tax your reasonable attorney’s fees expert as a cost against the opposing party. Knowing this, a so-called losing party should try to avoid the evidentiary attorney’s fees hearing by coming to an agreement with the prevailing party as to the reasonable attorney’s fees.

 

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.

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