Attorney Fees and Accompanying legal Documents

[clerky]

As the losing party required to pay the attorney fees for the other side, I would like to see an itemized bill along with the documents that are referred to on this bill to ensure there is no embellishment on the opposing side. Are there any cases that relate to this that will help me prove that it is just to see the accompanying documents?

 

[Zigner]

As the losing party required to pay the attorney fees for the other side, I would like to see an itemized bill along with the documents that are referred to on this bill to ensure there is no embellishment on the opposing side. Are there any cases that relate to this that will help me prove that it is just to see the accompanying documents?

First: US law only.
Second: In the US, if you've been ordered by the court to pay the other party's legal fees, then the court will tell you how much you have to pay.

 

[latigo]

As the losing party required to pay the attorney fees for the other side, I would like to see an itemized bill along with the documents that are referred to on this bill to ensure there is no embellishment on the opposing side. Are there any cases that relate to this that will help me prove that it is just to see the accompanying documents?

Well, what we'd like to get and what we do get can be worlds apart as here where if the judge approves the attorney's itemized bill for costs and fees there isn't much that can be done about it. That is, unless the approved bill for fees is so patently excessive as to suggest an abuse of judicial discretion. Otherwise, they neither invite nor require laymen to assist them in putting a price tag on litigation.

 

[Taxing Matters]

As the losing party required to pay the attorney fees for the other side, I would like to see an itemized bill along with the documents that are referred to on this bill to ensure there is no embellishment on the opposing side. Are there any cases that relate to this that will help me prove that it is just to see the accompanying documents?

It matters a lot in what court the litigation takes place. If this is in the U.S. then that means it matters whether it was in federal or state court, and if in state court it matters which state. It may also matter the particular type of court in that jurisdiction (e.g. district court, county court, tax court, claims court, or whatever) and the type of proceeding involved (i.e. civil rights claim, some kind of consumer action, divorce/support/custody matter, etc). Courts typically require the attorney to provide specified records to support the attorney’s fee claim and the opposing side who must pay the fees has the opportunity to review that and object if they can point to anything that would be outside of what would be compensable under the fee computation system the court uses. Note that attorneys do not always get what they ask for and sometimes get drastically less than what they seek. I once saw a case in bankruptcy where the attorney hired to conduct an adversary proceeding ended up only getting what amounted to about $7/hour for his work because he made the mistake of failing to get his fee agreement approved by the court beforehand. So give us some details about the jurisdiction, type of proceeding, etc and perhaps we can shed some light on how the court will determine what fee to award.

 

[clerky]

It matters a lot in what court the litigation takes place. If this is in the U.S. then that means it matters whether it was in federal or state court, and if in state court it matters which state. It may also matter the particular type of court in that jurisdiction (e.g. district court, county court, tax court, claims court, or whatever) and the type of proceeding involved (i.e. civil rights claim, some kind of consumer action, divorce/support/custody matter, etc). Courts typically require the attorney to provide specified records to support the attorney’s fee claim and the opposing side who must pay the fees has the opportunity to review that and object if they can point to anything that would be outside of what would be compensable under the fee computation system the court uses. Note that attorneys do not always get what they ask for and sometimes get drastically less than what they seek. I once saw a case in bankruptcy where the attorney hired to conduct an adversary proceeding ended up only getting what amounted to about $7/hour for his work because he made the mistake of failing to get his fee agreement approved by the court beforehand. So give us some details about the jurisdiction, type of proceeding, etc and perhaps we can shed some light on how the court will determine what fee to award.

Thank you for your information so far.

I apologize, I must not have been clear in asking my question.

The jurisdiction is Florida and it was decided in an evidentiary hearing the we, the plaintiffs, must pay the attorney fees of the defendants.

Before paying, we would like to have an itemized bill and the documents referenced in said bill to make sure that the opposing side is giving us an honest and reasonable number to pay. Will the court present these documents without hesitation? If there will be hesitation, are there any court cases that I could reference that have had a similar request fulfilled?

 

[Zigner]

Thank you for your information so far.

I apologize, I must not have been clear in asking my question.

The jurisdiction is Florida and it was decided in an evidentiary hearing the we, the plaintiffs, must pay the attorney fees of the defendants.

Before paying, we would like to have an itemized bill and the documents referenced in said bill to make sure that the opposing side is giving us an honest and reasonable number to pay. Will the court present these documents without hesitation? If there will be hesitation, are there any court cases that I could reference that have had a similar request fulfilled?

The court won't present you with anything. Were you ordered to pay a specific amount?

 

[Taxing Matters]

Thank you for your information so far.

I apologize, I must not have been clear in asking my question.

The jurisdiction is Florida and it was decided in an evidentiary hearing the we, the plaintiffs, must pay the attorney fees of the defendants.

Ok, and what kind of matter was this: child support/custody/visitation, a customer suing you on a consumer rights claim, a contract case, or what?

 

[quincy]

... The jurisdiction is Florida and it was decided in an evidentiary hearing the we, the plaintiffs, must pay the attorney fees of the defendants. ...

There is a cap placed on attorney fees and costs in certain cases. More information would be helpful.

 

[clerky]

Not meaning to be rude but do the details matter?

I am simply asking, if I ask the court for supporting documents and an itemized bill will they give it to me?

 

[Zigner]

Not meaning to be rude but do the details matter?

I am simply asking, if I ask the court for supporting documents and an itemized bill will they give it to me?

I already told you...the court will give you nothing.

 

[quincy]

Not meaning to be rude but do the details matter?

I am simply asking, if I ask the court for supporting documents and an itemized bill will they give it to me?

What was/is the legal action? What was the evidentiary hearing for?

In many cases, you have the opportunity to dispute the awarded fee (at an evidentiary hearing).

 

[quincy]

I will add these links now and you can read the information provided. The first link is to the Florida Rules of Professional Conduct. Read Rule 4-1.5(b) which addresses fees and costs for legal services, and the second link is to a Florida Bar pamphlet on attorney fees.

From the second link: "There are more than 200 Florida Statutes which allow for an award of attorney's fees in certain legal actions. In most instances, such a fee would be set by a judge." Read to see how the judge arrives at the fee amount and how there are limits placed on some attorney fee awards.

The Rules (see 4-1.5): https://www.floridabar.org/wp-content/uploads/2017/06/2017-RRTFB-Chapter-4-07-01-17.pdf

Attorney Fees: https://www.floridabar.org/public/consumer/pamphlet003/

 

[clerky]

Florida Patient's Compensation Fund v. Rowe - this is the case that will help anyone with the same question in the future.

Thanks everyone for your help

 

[quincy]

Florida Patient's Compensation Fund v. Rowe - this is the case that will help anyone with the same question in the future.

Thanks everyone for your help

The links I provided above answered the question, if you read them.

Here is a link to Florida's Patient Compensation Fund v. Rowe, the medical malpractice claim where the award of attorney fees was discussed in some depth by Florida's Supreme Court in 1985: https://law.justia.com/cases/florida/supreme-court/1985/64459-0.html

If anyone asks a question in the future, it would help them to tell us what legal action is involved - as the award of attorney fees varies depending on the cause of action.

 

[latigo]

The links I provided above answered the question, if you read them. (?)

Here is a link to Florida's Patient Compensation Fund v. Rowe, the medical malpractice claim where the award of attorney fees was discussed in some depth by Florida's Supreme Court in 1985: https://law.justia.com/cases/florida/supreme-court/1985/64459-0.html

If anyone asks a question in the future, it would help them to tell us what legal action is involved - as the award of attorney fees varies depending on the cause of action.

Excuse me please, but have you read them? Because none of your world wide web wizardry addresses the OP's question as twice submitted; not before nor does the Florida court in the Rowe decision.

Regardless of what the future may entail, this particular poster has not inquired as to when nor why attorney fees are awarded to the prevailing party, nor how they are calculated. He concedes that he is "required to pay the attorney fees for the other side"! As ordered following an "evidentiary hearing". What he has asked for is:

. . . if I ask the court for supporting documents and an itemized bill will they give it to me? . . . . Are there any cases that relate to this . . . . to see the accompanying documents?

Now some of us have said no. What do you say? Yes or no?