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.
Florida Affidavit for Attorney's Fees
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FAQ
Under the lodestar method, the district court calculates the attorney fees by multiplying a reasonable hourly rate by the reasonable number of hours required to litigate a comparable case. Id.; see also Tennman I (the court calculates fees by multiplying the number of hours reasonably expended on the litigation
The Florida legislature has enacted certain laws that allow a party suing for violation of the law to recover their attorney fees from the violating party.Similarly, you may be able to recover your attorney fees if you make an offer to settle the case pursuant to certain Florida statutes.
Reasonable attorneys' fees, including: time and labor required, novelty and difficultly of the issues, skill required, customary fees charged in the locality, amounts involved and results obtained, nature and length of representation, and experience and reputations of the lawyer).
A recent Florida Supreme Court decision indicates that an opposing party's attorneys' fee and cost records are relevant, at least for discovery purposes.
In order to obtain an attorney's fee award, the litigant seeking such an award must prove both that the fees in question have, in fact, been incurred and that they are reasonable.
Therefore, a motion for attorney's fees must be proven by (a) testimony of the total hours performed by the attorney and any associates and paralegals; (b) testimony of the reasonable hourly rate of all of these, and (c) testimony that the hours were reasonable and necessary for the representation of the party.
Many statutes and rules operating in courts in the United States permit or mandate the shifting of attorney's fees in civil litigation. The erosion of the so-called American Rule on attorney's fees is found in laws that may be characterized as substantive or procedural.
Attorney's fee awards refer to the order of the payment of the attorney fees of one party by another party. In the U.S., each party in a legal case typically pays for his/her own attorney fees, under a principle known as the American rule.