sunEthics

Lawyers seeking fee awards are reminded to introduce evidence supporting reasonableness of fees for all lawyers and paralegals involved  [Added 8/6/08]

    Defendant appealed an order awarding attorney's fees to Plaintiff.  At a series of hearings on fees, Plaintiff's trial counsel, Schwartz, "provided a detailed account of his work on the case as well as offering his firm’s billing entries and statements, his affidavits, and the cost statements into evidence."  Plaintiff also presented unchallenged expert testimony from Zippay.

    The appeals court noted that the expert testimony related to the reasonableness of only Schwartz's hours and rates.  "The expert witness offered no testimony regarding any of the other attorneys and paralegals who worked on the case.  There is no expert testimony to support the award of attorney’s fees for work other than that performed by Schwartz.  Accordingly, the attorney’s fee order is vacated and this case is remanded for entry of an order awarding only those attorney’s fees that were supported by the expert testimony."  DeMello v. Buckman, ___ So.2d ___ (Fla. 4th DCA, Nos. 4D07-494, 4D07-735, 4D07-1058, 7/20/2008).

sunEthics is produced by Tim Chinaris, and hosted by Faulkner University's Jones School of Law.  Please read our disclaimers.  Search our site, or view previously posted summaries using our SUBJECT INDEX.  © 2008