Attorney Fee Disputes in Florida: Proving That a Party in a Florida Lawsuit Acted in Bad Faith
Can an opposing party be awarded attorneys fees if you act in bad faith? Why should your probate litigation lawyer be experienced with attorney fee trials? How can you prove that a law firm acted in bad faith? When is a Florida law firm entitled to attorneys fees? A recent Fourth DCA opinion, Corominas v. Ajay Development Group LLC, discusses these issues. Here, the appellate court explains that the written order, which awarded certain attorneys fees to a law firm, did not contain the required detailed findings to prove that the other party acted in bad faith. The court explains that ” a finding of bad faith conduct must be predicated on a high degree of specificity in the factual findings.” Specifically, the findings must describe the acts of bad faith conduct that resulted in the “unnecessary incurrence of attorneys fees.” Here, the trial court broadly said that the appellants ” took the bad faith position that the discharged law firm was not entitled to quantum meruit fees.” They did not properly detail the factual findings specifically to the degree that is required. To read the entire opinion, click here.