Florida Trust and Estates Litigation: What is the Lodestar Method of Calculating Attorneys Fees?

What is the lodestar method of calculating attorneys fees? When is it utilized? Are you even entitled to attorneys fees? You may want to read a June 1,2016 Second DCA appeal regarding attorneys fees and how the court calculates whether they are reasonable or not.

Attorneys Fees in Florida Litigation Lawsuits

• How do you know if you are entitled to attorneys fees in your Palm Beach will contest or guardianship litgation lawsuit?
• There are two main ways that you may find yourself entitled.
• First you may be entitled by statute.
• Do you know what statutes award attorney’s fees?
• It really depends but some common examples are when the other side engages in bad faith litigation tactics, certain marriage dissolutions, certain trust disputes and successful Palm Beach derivative suits to name a few.
• The other way is through an agreement.
• In other words, you may have a contractual right to fees.
• Clients are often confused of the need for a hearing on attorney’s fees – wait didn’t we agree to the amount in the retainer?
• Not really, that is what the client and the attorney agreed to, you couldn’t just impress that deal onto the other side without determining if it is reasonable.
• How do you know if attorneys fees are reasonable?
• What is the lodestar method of calculation?

Florida Peninsula Insurance Company v. Wagner

• On June 1, 2016, the Second District Court of Appeal issued an opinion on Florida attorneys fees that any probate litigation law firm should read, especially if they take estate lawsuits in Florida on a contingency fee.
• Likewise, any heir at law, widow, or dis-inherited estate beneficiary Florida who is in the middle of a probate lawsuit in Miami Dade or Palm Beach may want to read this case on Florida attorneys fees.
• This case deals with attorneys fees and the lodestar method of calculation, which Florida appellate courts use to review an award of attorneys fees by a probate court or a trial court.
• This was not a probate case, but the analysis by the appeals court is very insightful.
• How do you calculate attorneys fees under the lodestar method?
• Lodestar computation for attorney’s fees= reasonable hourly rate multiplied by a reasonable number of hours for the work performed.
• To read the entire Florida appeal,click here.