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ProveMyFloridaCase.com > Posts tagged "reasonable attorney’s fees"

Reasonable Attorney’s Fee Hearing – Does Attorney Need to Testify at Hearing

Does an attorney at the law firm performing the work need to testify at an evidentiary attorney’s fees hearing to support the reasonableness of the rate and number of hours? Seems like an attorney at the law firm seeking to recover attorney’s fees would absolutely testify, right? Who better to speak about the work performed, number of hours expended, and the reasonableness of the rate than an attorney at the law firm performing the work.  Interestingly enough, this was the issue decided by Florida’s new 6th District Court of Appeal in CED Capital Holdings 2000 EB, LLC v. CTCW-Berkshire Club,...

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Reasonable Attorneys’ Fees’ Expert when Attorney’s Fees are the Damages

Generally, when an attorney is. awarded attorney's fees, there is a mini-evidentiary hearing to determine the "reasonableness" of those fees.  Another lawyer--the reasonable attorneys' fees' expert--opines that the rate and hours expended are reasonable.  The opposing party then has its own expert to opine otherwise. Fairly archaic and ridiculous in my opinion.  Others may disagree. Nevertheless, the reasonable fees' expert is how it is done with another attorney testifying that the fees incurred by the prevailing lawyer were "reasonable" fees.  What if  fees are the actual damages? In a recent case, Law Offices of Granoff & Kessler, P.A. v. Glass, 45 Fla. L....

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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...

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

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....

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