Florida Attorney Fee – Expert Service

Expert Attorney Fee Analysis And Testimony

Maurice Arcadier, Esq, is the managing partner of Arcadier, Biggie and Wood, PLLC. With 27 years of legal experience as a practicing attorney, Mr. Arcadier has served as an Attorney Fee expert for more than 15 years. This has included providing testimony, expert witness reports, and providing opinions and affidavits as to the reasonableness of fees throughout Florida, and in particular, Central Florida, South Florida, and the Federal Court Southern and Middle Districts. Mr. Arcadier has hands-on experience at the trial and appellate level and knows firsthand what is reasonable and awardable under current Florida Law.

Hiring of an attorney fee expert is oftentimes done once the Court has awarded entitlement to the fees. Entitlement is achieved either through statute, contractually, as a part of the proposal for settlement and as a sanction.

For entitlement to fees to be awardable, all conditions precedent must be satisfied, including a properly pleaded Complaint and Answer, and not waived in filing such as joint pretrial stipulations where attorney fees are not preserved for trial. Moreover, in some cases where there are multiple claims and multiple parties, strict compliance with Florida rules of civil procedure 1.442 and Fla Stat. 768.79 must be adhered to. The statute does not cover all issues that may arise, as such, experts are often utilized to preserve attorney fees, and to properly serve and enforce proposals for settlements. Additionally, attorney fees for appellate work are likewise not automatically. Attorney fees must be asked for timely and not otherwise waived through action or inaction from the requesting attorney. Indeed, the attorney seeking fees bears the burden of proving a reasonable hourly rate as well as the reasonableness of all hours spent on a case.

An additional pre-entitlement issue often arises in Contingency cases. The issue lies in the contingency fee agreement between the attorney and the client. Oftentimes, attorneys overlook attorney fees in the contract and simply enter into a contingency fee agreement. Many cases involve low sum recoveries that entitle the attorney to a reasonable fee. However, the case law is now well settled that a defendant cannot be required to pay plaintiff’s more in a prevailing party attorney’s fee than a plaintiff would owe their attorney under a contingency fee contract. See First Baptist Church, 115 So.3d at 981 and Miami Children’s Hospital v. Tamayo, 529 So. 2d 667. The method needed to remedy the contingency fee contract is to have an alternate attorney fee provision that provides for attorney fees as awarded by Court, whichever is higher. Many other alternate clauses can also be utilized to preserve a fair reasonable fee which should be based on the particular facts and issues of the case.

A reasonable hourly rate is determined by the customary hourly rate in the community for the attorney, coupled with the type of case, the complexity of the case, the nature and length of the professional relationship with the client, the experience, reputation and ability of the attorney, and the amount involved, including the quality of the work and the success achieved. These are known as the “Rowe factors.” An attorney fee expert can provide expert testimony to the Court to facilitate the award or denial of award sought.

To determine a reasonable time spent, Florida Courts look at several factors such as:

The quality of the record-keeping, including whether the time entries were kept contemporaneously.
The novelty or complexity of the issue which requires the attorney’s time
The posture of the case, meaning whether the work incurred is reasonable based on the benefit sought to be achieved.
Whether there is over lawyering, meaning, using community standards, whether the time spent would have normally been incurred utilizing community norms. Any doubts should be resolved against the party seeking the fees.
Duplicative work is not awardable
Ministerial tasks are normally not awardable
Paralegal time is awardable, and in extensive cases, a paralegal expert to also testify, may be advisable
The nature of the case, in particular, to what lengths did the non-prevailing attorney go to defend the case. For instance, a scorched earth defense would normally entitle the prevailing attorney much more leeway as to the reasonableness of the actions which were taken, even if such actions exceed community norms.
Unnecessary work. Work initiated by the client’s own behavior should be paid by the client and not by the opposing side.
Unsuccessful work is oftentimes not awardable. But when it is intertwined with successful work which can not easily be separated, an expert can be a valuable resource to assist the Court in awarding the total time spent.
Work unrelated to litigation, such as media, is normally not awardable
Unit billing, such as flat rates for a task is deemed unreasonable and as such, normally not awardable.
Block billing where lumping multiple tasks into a single entry of time is deemed unreasonable and thus, oftentimes not awardable.
Estimated time for future work, even, if necessary, is not reasonable or awardable. In such cases, the time entry must be supplemented, rather than estimated.
Pre-litigation time is ordinarily not awardable. There are examples of numerous exceptions such as conditions precedent and other pre-litigation matters which are needed prior to having a right to initiate litigation.
Travel time is generally not compensable unless it is part of a sanction
Litigating the amount of fees is generally not compensable. Thus, entitlement to fees typically ends once entitlement has been awarded.
Interest on fees is awardable. Prejudgment interest in the award of fees should be granted from the point at which entitlement to the award is determined.

As fore outlined, the issues surrounding attorney fees are numerous, and are oftentimes esoteric. An experienced attorney fee expert can elucidate the issues and assist in presenting the request for an award in a way that highlights the hiring attorney in the light most favorable to the facts of the case.

Additional use of an expert fee attorney includes the request for a multiplier (or the defense thereof). Multipliers are permitted in Florida per the Quanstrom Factors. Recently, the Florida legislature has codified restrictions to multipliers only to exceptional and rare cases. Though the Constitutionality of the statute is currently being challenged, the fact remains that an expert can provide the proper arguments and opinions to assist the Court in determining whether a multiplier should apply. Moreover, the Fee Expert can provide testimony and evidence concerning the particulars of the case which should be used by the Court in determining the applicability of the fee.

Indeed, the use of an attorney fee expert is advised at all steps of the attorney-client relationship. Entitlement to a fee begins at the initial contract stage of the attorney client relationship, and continues through appeals and post judgment proceedings. It is essential for attorney to know the current law, or to engage with an attorney fee expert in the early stages of the litigation process in order to plead the entitlement to fees correctly, to make the appropriate timely motions, and not to waive the right to pursue by not preserving the attorney fee issue due to waiver or other acts.

Attorney fee experts, when used at an evidentiary hearing, is normally a taxable cost (not an attorney fee). Therefore, Courts normally award the expense of the attorney fee, even after entitlement has been determined.

To see a schedule of fees charged by Attorney Fee Expert, Maurice Arcadier, please click here. To schedule a time with Maurice Arcadier to discuss the specifics of your case, you may schedule a 30-minute initial consultation for $200.00 by calling 321-953-5998. You may also see a schedule of fees.

Schedule Of Fees

Maurice Arcadier’s hourly rate is $475.00 per hour.
The initial consult fee is $200 which includes a 30 minute consultation with the attorney seeking a fee or defending a fee.
Review of time records with an accompanying affidavit and a review of pertinent pleadings is $1,500 for a review of time entries encompassing up to 100k of billable time.
Discounted rates are available on a case by case basis depending on the amount of work involved, the particulars of the case, and any prior relationships that may exist.
Retainer agreements include the anticipated expert fee to be incurred. Partial fee retainers may be agreed to based on the particulars of your case.