how to find prevailing attorney fee rate

The second half of the equation, which encompasses many aspects of the representation, requires the court to determine a reasonable hourly rate for the services of the prevailing party’s attorney.7 In establishing this hourly rate, the court should assume the fee will be paid irrespective of the result, and take into account all of the Disciplinary Rule 2-106 factors except the “time and labor required,” the “novelty and difficulty of the question involved,” the “results obtained,” and “ [w]hether the fee is fixed or contingent.”8 The party who seeks the fees carries the burden of establishing the prevailing “market rate,” i.e., the rate charged in that community by lawyers of reasonably comparable skill, experience and reputation, for similar services.

Full Answer

What is a prevailing party attorney fee?

Prevailing Party Attorneys’ Fees. In the event of any litigation between the Parties based upon, arising out of, or relating to this Agreement, the prevailing party shall be entitled to recover its actual attorney ’s fees, court costs, and litigation expenses. Prevailing Party Attorneys’ Fees.

How to waive attorney’s fees in a civil case?

• Fees must be legally authorized by statute, contract, or common law. (2) • Since a judgment must conform to the pleadings, a party who fails to plead specifically for attorney’s fees (like under the contract as opposed to under Chapter 38) may waive that claim for attorney’s fees. (3) 2. Meet the Conditions Precedent. • Presentment. (4)

What is the reasonable value of an attorney’s services?

In Elconin v. Yalen (1929) 208 Cal. 546, 549-50, the Supreme Court upheld a trial court’s finding that the reasonable value of an attorney’s services was $300 rather than $1,500.

How do I get attorney’s fees from my opponent?

“In short, to secure an award of attorney’s fees from an opponent, the prevailing party must prove that (1) recovery of attorney’s fees is legally authorized, and (2) the requested attorney’s fees are reasonable and necessary for legal representation, so that such an award will compensate the prevailing party generally for its losses resulting f...

How to calculate attorney fees?

In describing the Supreme Court’s computation method in Rowe, the court in Hanauer explained that in computing attorney’s fees, the trial judge should: (1) determine the number of hours reasonably expended on the litigation; (2) determine the reasonable hourly rate for this type of litigation; (3) multiply the result of (1) and (2); and , when appropriate, (4) adjust the fee on the basis of the contingent nature of the litigation or the failure to prevail on a claim or claims.

What is the case in Waverly at Las Olas?

In The Waverly at Las Olas Condominium Association, Inc. v. Waverly Las Olas, LLC, 4th District Case No. 4D11-2180 , May 16, 2012, the Court found that the trial court did not abuse its discretion by awarding developer all fees incurred in the litigation, including fees for time spent litigating amount of fees. Broad language in the owners’ purchase agreements provided for award of fees for “any” litigation between the parties under the agreement. This holding may be used to support a similar award of fees for litigating the amount of fees in covenant enforcement disputes where the declaration of covenants includes broad prevailing party fees language.

What is the Florida statute for expert witnesses?

Expert witnesses may be used to determine reasonable fee awards, and may be required in some cases. Florida Statutes § 92.231 permits any expert or skilled witness who testifies in any cause to be allowed a witness fee. As such, the costs associated with pursuing fees should be factored into the decision to pursue fees at all.

Does evidence support a finding of the number of hours reasonably expended by an attorney?

Evidence sufficient to support a finding of the number of hours reasonably expended by an attorney need not necessarily include specific, written time records, although such records are highly preferable and the lack thereof may in certain cases justify a reduction in the number of hours claimed.17

Can you subtract from a lodestar fee?

Once the court arrives at the lodestar figure, it may add or subtract from the fee based upon a “contingency risk” factor and the “results obtained.”

Do Florida courts award fees?

It is important to note that Florida Courts generally do not award fees for time spent litigating the amount of the fees to be awarded.10 This is a critical factor in determining whether fees should be expended in pursuing a fees claim. Please note, however, recent case law in the community association context, suggests there may be certain circumstances under which fees may be awarded for time spent litigating the amount of fees.

How to waive attorney fees in a civil case?

• Fees must be legally authorized by statute, contract, or common law. (2) • Since a judgment must conform to the pleadings, a party who fails to plead specifically for attorney’s fees (like under the contract as opposed to under Chapter 38) may waive that claim for attorney’s fees. (3) 2.

What court has pointed guidance to litigants seeking attorney fees in a fee-shifting setting?

The Texas Supreme Court recently provided pointed guidance to litigants seeking attorney’s fees in a fee-shifting setting.

How to determine a proper lodestar rate?

After consideration of these Rowe factors and expert testimony, the trial court should make a finding whether the hourly rate requested is a proper lodestar rate. After confirmation of work done in affidavits and records, supported by expert review and testimony, the trial court should find the number of work hours that is a proper lodestar amount. After consideration of the positive results obtained and any additional opposition created to obtaining a fee/cost determination, the trial court should confirm and award the total fees and costs. If you have any questions about determining reasonableness of attorney’s fees and costs, please contact Bernhard Law Firm at www.bernhardlawfirm.com, [email protected], 786-871-3349.

How to provide evidence supporting the Lodestar amount?

To provide evidence supporting the lodestar amount, the moving party need only present records detailing the work performed; the records should show the work was reasonable and necessary given the novelty and difficulty of the question involved in your lawsuit and the quantity of opposition you received in the litigation.

What is the Lodestar amount?

To do so, the trial court should first determine the “lodestar amount,” which is the number of attorney hours reasonably expended in your lawsuit, multiplied by a reasonable hourly rate given a variety of considerations relating to your lawsuit. Rowe at 1150; Joyce at 1126.

How many Rowe factors are used to calculate the lodestar?

In calculating the hourly rate of the lodestar, the Court should look at the eight Rowe factors (listed and discussed herein below, derived from Florida Patient’s Compensation Fund v. Rowe ), except “the ‘time and labor required,’ the ‘novelty and difficulty of the question involved,’ the ‘results obtained,’ and ‘whether the fee is fixed or contingent.’” Joyce at 1126.

How to contact Bernhard Law Firm?

If you have any questions about determining reasonableness of attorney’s fees and costs, please contact Bernhard Law Firm at www.bernhardlawfirm.com, abernhard@bernhardlawfirm.com, 786-871-3349.

Do you get a prevailing party attorney's fee check?

The trial court has already granted entitlement to prevailing party attorneys’ fees and costs. Yet, you still haven’t received the check. The trial court must still determine the reasonableness and collectability of the attorney’s fees and costs that you claim.

Is an attorney's hourly rate reasonable?

The attorney’s hourly rate should be reasonable, with reasonableness determined by assuming the fee will be paid irrespective of the result, and considering the market rate charged by Miami lawyers of comparable skill, experience and reputation, for similar services. Rowe at 1151. The number of hours reasonably expended, multiplied by the reasonable hourly rate, and added upon by the positive results obtained, provides a proper determination of attorneys’ fees and costs. Id.