West Palm Beach Appeal: How Should I Ask for Entitlement to Attorney’s Fees and Actually Get Them??

Uncategorized • Aug 17, 2015

Are you involved in West Palm Beach probate litigation? Are you concerned about growing attorney’s fees? Do you know when you are entitled to compensation for attorney’s fees or are you going to be stuck paying for everything? Check out this case out of the Fourth District Court of Appeals on attorney’s fees.

Attorney’s Fees

In general a West Palm Beach litigant can get an entitlement to fees in two ways.
First there may be a statutory right to attorney’s fees.
Do you know where?
West Palm Beach courts know that sometimes the nature of a dispute should entitle a party to costs and fees when a statute permits attorneys fees
Generally, the prevailing party to a probate lawsuit is entitled to costs and may get fees under a few circumstances
Remember: in attorneys fees is or are different than costs .
These are different concepts and Florida law, including the Florida Probate Code, may or may not entitle you to seek fees or costs, or maybe both
Knowing when facts and circumstances exist for a person in a Palm Beach probate lawsuit to try to get fees is an important part of your estate litigation strategy
Do you know how to plan your probate lawsuit to try to, try to, mind you, put yourself in the best position possible to get your probate law firm’s attorneys fees paid in a Palm Beach estate lawsuit?
For example does a trustee have to pay for an attorney personally or can they seek payment from the body of the trust?
Another common way to get attorney’s fees is when you have contracted for them.
So, contracts and laws or Florida statutes are two ways to get fees in a Florida lawsuit.
For example a trust agreement or a contract may have something called a prevailing party clause or attorney’s fees section.
Are you subject to one of these agreements?
Did you know that you may have up to thirty days after the close of a jury trial to request fees and costs?
Do you know what you are going to have to show in order to get entitlement?

Chianese v. Brady

This was an appeal out of the Fourth District Court of Appeal in and for West Palm Beach.
This was a marriage dissolution action, which entitles the weaker spouse to attorney’s fees.
A mother was seeking additional child support and she needed an attorney to represent her.
In the end the trial court denied her fees stating that she was not entitled to them pursuant to the statute.
Do you agree?
How are you going to assert your right to fees in the face of a judge who does not want to award them?
Without attorney’s fees you may be out of luck, paying more than you benefit from a West Palm Beach probate lawsuit.
Protect your rights, and make sure you are not stuck footing the bill.

Want to learn more about attorney’s fees in West Palm Beach?

Check out the entire case by clicking here.