Florida’s Lodestar Method Not Apply in Dispute between Attorney and Client

Florida’s lodestar method (which is what it is called) is the formula used to determine “reasonable attorney’s fees” incurred in a case. It is simply taking the reasonable hourly rate by the reasonable number of hours based on FACTORS promulgated in the Florida Supreme Court case, Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145, 1150 (Fla. 1985). The question is whether the lodestar method factors apply in a dispute between a client and it counsel where attorney’s fees are the damages. The answer is NO. "[T]he Florida Supreme Court has cautioned that the lodestar method is ‘ill-suited for...

06 March

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Contingency Fee Multiplier – Must Establish the Relevant Market Factor

Posted by David Adelstein

in Trial Perspectives

Should a contingency fee multiplier be applied? A recent case involving an architectural lien foreclose case explains the contingency fee multiplier standard. Initially, the trial court determines through an evidentiary hearing the reasonable attorney’s fees to be awarded to the prevailing party. This is done by applying the lodestar method laid out in Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). Impex Caribe Corp. v. Carl Levin, P.A., 47 Fla. L. Weekly D544a, n.1 (Fla. 3d DCA 2022) (“The trial court arrives at the lodestar amount by multiplying the number of reasonable hours expended by a reasonable hourly rate.”). Then,...

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Florida’s Lodestar Method Not Apply in Dispute between Attorney and Client

Contingency Fee Multiplier – Must Establish the Relevant Market Factor