Friday, March 25, 2016

Turn Over Your Billing Records, Schmucky!



I'm paraphrasing, but that's the takeaway from this new Florida Supreme Court decision:
We agree with the rationale of the First District in Anderson Columbia and conclude that the billing records of opposing counsel are relevant to the issue of reasonableness of time expended in a claim for attorney’s fees, and their discovery falls within the discretion of the trial court when the fees are contested.  When a party files for attorney’s fees against an insurance company pursuant to sections 624.155 and 627.428, Florida Statutes, as occurred here, the billing records of the defendant insurance company are relevant.  The hours expended by the attorneys for the insurance company will demonstrate the complexity of the case along with the time expended, and may belie a claim that the number of hours spent by the plaintiff was unreasonable, or that the plaintiff is not entitled to a full lodestar computation, including a multiplying factor.
Turnabout is fair play (as long as you turn the other cheek)!

Happy rest of Spring Break, Good Friday, and Easter weekend!



5 comments:

  1. Oof, the over billing will be extraordinarily helpful..2 - thoughts on developments in discovery law..2. - memo re same.

    ReplyDelete
  2. .1 - review email
    .2 - draft response to email
    .4 - discuss email with partner
    .2 - revise response to email
    .1 - send draft response email to partner for approval
    .2 - enter partners edits to response to email
    .1 - send email

    Text os emails:

    Dave, can you meet and confer tomorrow on your objections?

    Response:

    Sure Joe, 3 is good

    Best,

    Dave


    ReplyDelete
  3. .1 - check email for response
    .2 - memo to file re no response, calendar date to send follow up.

    ReplyDelete
  4. .2 - thoughts on draft follow up email (on toilet) - loadstar 1.5 for working on personal time - revised time -. 3

    ReplyDelete
  5. .2 - draft follow up e-mail, discuss with partner, input changes.

    Finalized follow-up e-mail:

    Joe,

    We still on for 3?

    ReplyDelete