This affidavit is sworn to by an attorney for a plaintiff attempting to collect a debt from a defendant. The attorney swears to measures he has taken in attempting to collect the debt, and the value of these collection services, in an attempt to have the judge order these fees paid by the defendant in addition to the debt.
Gainesville Florida Affidavit for Attorney's Fees
Category:
State:
Florida
City:
Gainesville
Control #:
FL-9025D
Format:
Word;
Rich Text
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FAQ
The typical lawyer in Florida charges between $199 and $420 per hour. Costs vary depending on the type of lawyer, so review our lawyer rates table to find out the average cost to hire an attorney in Florida.
The typical lawyer in Florida charges between $199 and $420 per hour. Costs vary depending on the type of lawyer, so review our lawyer rates table to find out the average cost to hire an attorney in Florida.
In Florida, a party to a lawsuit is generally only entitled to recover attorney's fees if the contract or statute, under which the suit is brought, provides for the recovery of attorney's fees.
Quantum meruit? literally meaning as much as he deserves ? is used as basis for determining an attorney's professional fees in the absence of an express agreement.
In Florida, when a party is seeking an award of attorneys' fees, generally, expert testimony is needed to establish the reasonableness of said fees. However, there are certain exceptions. This depends upon the type of case, the court in which the case is filed, and the parties involved.
A party seeking an award of attorney's fees must not only plead for attorney's fees in the complaint, counter-claim or answer, but must also file a motion for an award of such fees no later than thirty (30) days after the filing of the judgment or dismissal.
The Florida Supreme Court found that ?the entirety of the billing record is not privileged.? Therefore, if a trial court rules that privileged information may be redacted, that should be sufficient to allow the insured to discover the unredacted portions of the records.
Because a party proceeding pro se cannot have incurred attorney's fees as an expense, a district court cannot order a violating party to pay a pro se litigant a reasonable attorney's fee as part of a sanction.
Communications between a client and his attorney are generally privileged under the attorney-client privilege, which is a legal and ethical concept that preserves the confidentiality of communications between a client and his attorney.
A recent Florida Supreme Court decision indicates that an opposing party's attorneys' fee and cost records are relevant, at least for discovery purposes.