Fourth DCA Appeals Case: What Needs to be Plead for Attorney’s Fees?

If you are involved in a lawsuit in West Palm Beach you   already know that the legal fees can get expensive. Do you know when you are entitled to attorney’s fees? More importantly do you know how to adequately plead and put the other side on notice of your intent to pursue these fees? It may be simpler than you think after a recent case out of the Fourth District Court of Appeal held mere acknowledgement (in court pleadings)  of retaining a lawyer and promising to pay may be sufficient.

Attorney’s Fees

• An experienced Palm Beach probate litigator will tell you that there are only two ways to get attorneys fees.
• First you may find a right to attorney’s fees in a contract or agreement with the other party.
• Also a statute may provide for attorney’s fees specifically.
• Finding a right to attorney’s fees is not enough though.
• You also have to plead an entitlement to attorney’s fees, do you know how to plead?
• You may not need as many details as you think.
• Take a look at what happened in a recent case out of the Fourth District Court of Appeals.

Fanelli v. HSBC Bank USA

• The Court recently denied a request for attorney’s fees claiming that the pleadings were insufficient.
• The party had merely alleged they had retained an attorney, named that attorney and then said she had agreed to pay a reasonable fee.
• Do you think that’s enough?
• Experienced Palm Beach probate litigators know that it is always best to over plead facts then underplead them.
• That being said the Court found that the pleadings as they stood were sufficient to give the other property fair notice.
• Do you agree?

Want to learn even more?

Check out the entire case by clicking here!