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How do I know if the other side’s attorneys fees is too much in a Florida estate lawsuit?

Uncategorized Sep 9, 2015
post about How do I know if the other side’s attorneys fees is too much in a Florida estate lawsuit?

If you are in the middle of a Florida probate lawsuit such as a will contest or perhaps objecting to the Palm Beach probate, you are probably concerned about probate attorneys fees. Why? Well, you may or may not have your estate litigator taking your case on a contingency fee for this Florida probate lawsuit.  Or, if you lose your inheritance lawsuit Palm Beach, you are concerned thatthe other side will seek attorneys fees and costs from you under the Florida Probate Codeor maybe the Florida Trust Code. So what can you learn about Florida attorneys fees in probate matters from two very recent Florida court opinions issued within 24 hours of each other and within the last 2 days? Well, neither of these opinions are per se 100% probate attorneys fee cases, but they are instructive and helpful if you want to learn more about attorneys fees issues in the estate litigation Florida context.

Florida Supreme Court issues new guidelines and rules on attorneys fees including Florida Contingency Fees

  • First of all, if you are involved in hiring a probate litigator or an estate litigation law firm West Palm Beach, did you pay your Florida probate law  firm a retainer or flat fee oradvance fee?
  • OK, so maybe you are ready to sign a Florida contignency fee contract with your new Florida probate litigation law firm for an estate in Tampa or Hillsborough County, Florida:  do you know the difference between an advance fee, or a flat fee or a retainer?
  • How much money did you give to your Boca Raton estate law firm to begin your probate lawsuit in that Delray Beach probate?
  • Did you give your probate litigation law firm an advance fee even though you are on a contigency fee for your will contest Palm Beach Gardens?
  • Well a recent Florida Supreme Court opinion sets forth some definitions for common phrases or terms used when hiring a Florida lawyer and discussing or signing a contract for attorneys fees.
  • This recent Florida Supreme Court opinion on attorneys fees was issued September 17, 2015 and also deals with Florida contingency fees and Florida Bar Rule 4-1.5 on attorneys fees
  • You can read this opinion for free by clicking on this link:http://www.floridasupremecourt.org/decisions/2015/sc14-2112.pdf

How Many Hours for a Florida Attorney Amounts to a Reasonable Fee & Can You Get a Multiplier ?

  • On September 16, 2015, the appeals court for Miami Dade issued an opinion on Florida attorneys fees that any probate litigation law firm should read, especially if they take estate lawsuits 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. Why?
  • Have you discussed getting a multiplier on your attorneys fees for your trust contest in Florida probate court?
  • What is a multiplier on attorneys fees and how does it apply?
  • Well, to read more about multipliers and the “lodestar” method of reviewing and awarding Florida attorneys fees, consider reading this new appeals court case from Florida.
  • This case deals with attorneys fees, a multiplier on attorneys fees equal to 1.5, andhow an appellate court reviews an award of attorneys fees by a probate court or a trial court.  Now, this was not a probate case, but the analysis by the appeals court is very insightful.
  • Let’s say that you settle a case for $10,000 and  you have a hearing on your attorneys fees and you get $120,000 in probate attorneys fees
  • Can your estate lawyer seek a multiplier? DID your attorney seek a multiplier to get more in attorneys fees?
  • Well, are the number of hours which your probate litigation law firm spent reasonable? And what about the hourly rate?
  • Well, you can read this Florida appeals court case on reasonable attorneys fees and amultiplier and how a Florida appeals court can review and analyze an award of attorneys fees on appeal.
  • This is very instructive for those involved in probate litigation Florida, and definitely very important if your estate law firm Boca Raton takes your probate lawsuit Florida on a contingency fee and getting attorneys fees is part of the recovery
  • Here is the link to read this case free of charge:http://www.3dca.flcourts.org/Opinions/3D14-1291.pdf