What is a 57.105 motion in a Florida lawsuit? Do you know what a 57.105 letter is? If you are involved inestate litigation, litigation or any kind of general, civil litigation in Palm Beach County, or Florida, for that matter, you may want to know how attorneys fees can “shift.” 57.105 is an attorney fee statute in Florida.
57.105 Motions and fee shifting statutes of Florida litigators
- 57.105 refers to a statute under Florida law
- If you simply “google” “Florida statutes” you can read all of the Florida statues
- Or, simply go to this link for a free read or copy of 57.105:http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0057/Sections/0057.105.html
- 57.105 is a fee shifting statute that may make a party to a Palm Beach lawsuit, and their attorneys, pay attorneys fees
What is a 57.105 motion for fees or a 571.05 letter?
- 57.105 is a Florida statute which can “shift” fees to a party making a baseless or frivolous claim
- The person making the baseless claim or frivolous claim may have to pay the other side’s attorneys fees and costs
- Also, the Palm Beach attorney, or the law firm for the client who is making the frivolous or baseless claim, may also have to pay 1/2 of the attorney fees
- That’s right ! The attorney making the frivolous claim may be responsible for paying one half of the other sides’ attorneys fees!
- Because the 57.105 statute “goes against” the traditional or American rule that each side pay their own attorneys, this attorney fee statute must be “strictly construed“.
- That means that your attorneys must comply with the statute precisely for it to apply when seeking attorneys fees in Florida
- There are two other important points about 57.105 fees and motions:
- First, you must send a letter or give notice of your intent to file a 57.105 motion . Give the person making the supposed baseless claim a chance to withdraw it
- Second, if the alleged baseless claim or frivolous matter is not withdrawn, then themotion needs to be filed and there will be an evidentiary hearing on the 57.105 motion for attorneys fees– in other words, the moving party has to PROVE that the claim was not supported by the any fact or law
- Those evidentiary hearings on 57.105 motions are important.