SOURCES FOR ATTORNEYS FEES RECOVERY AND MINIMIZATION OF FEES AND COSTS
NORMAN D. LEVIN
NORMAN D. LEVIN, P.A.
TYPICAL CONSULTATION CONVERSATION
Client: Will my spouse be required to pay my attorneys fees?
Lawyer: Well the law in this area is greatly dependent on the results on other issues. If you receive alimony and an equal amount of the equitable distribution of assets and liabilities, then it may be difficult to recover your fees. However, there are other bases and techniques that can be used to recover or hold down fees. Be sure to discuss this issue with your attorney.
What possible sources of authority exist to reduce the client’s payment of attorneys fees and costs in a case?
Section 61.16, F.S - this award is based upon the relative need and ability to pay of the parties..
Section 57.105 F.S. - this award is based upon one party participating in frivolous litigation.
Inherent Authority - this award is based upon misconduct of a party or their counsel or both.
Judgment on Pleadings
Rule 1.280 Trial Preparation: Experts
Protective Orders ( See 1.380 (a)(4))
Using Depositions rather than live testimony
Video Conferencing Depositions
Motion To Terminate/Limit Examination Rule 1.310 ( See 1.380 (a))
Failure To Serve or Attend Deposition Rule 1.310(h)
Sanctions for Failure To Provide mandatory Disclosure Rule 12.425 FFamRP
Rule 1.370 FRCivP Request For admissions
Rule 1.380 FRCiv P Failure To Make Discovery; Sanctions
Expert Witness Deposition Fees Rule 1.390 ( c )
Serving Subpoenas Low Cost Rule 1.410 (d )
Offers of Judgment (For non family law claims) Rule 1.442
Summary Judgments Rule 1.510 FRCiv P
Relief From Judgment Proceedings
Execution of Judgments - Chapter 57
Section 742.045 - Parentage/ Paternity Action
Section 64.081 - Partition of Property
Section 61.13 (4)( c ) Denial of Visitation
Section 88.3051 - UIFSA
ICARA/Hague Convention Proceedings
Costs and Suit Moneys