Tuesday, June 9, 2015

Marital & Family Law: Recover Fees Pursuant to Administrative Order S-2013-075

By: Michelle Ralat Brinner

A great deal of confusion exists among practitioners regarding the recovery of an award of attorneys’ fees, particularly regarding compliance with local Administrative Order S-2013-075. Compliance with the Family Law Rules of Procedure and the administrative order is critical to recovering attorneys’ fees and costs for your client.

To comply with the administrative order, you must initially determine the nature and amount of the fees that you are seeking. Although it sounds simple, the requirements necessary to comply with the order vary based upon these key facts. If you are seeking an award of temporary attorneys’ fees in an amount less than $50,000, the requirements and deadlines are different from if you are seeking an award of fees in an amount greater than $50,000. Currently, the order does not specifically address the requirements to recover fees in an amount less than $50,000 after a final hearing, but it is generally good practice to comply with the requirements of the administrative order as much as possible to assist the court in making its necessary findings to award your client fees.

The requirements and deadlines set forth in the administrative order are:
Temporary Fees in an Amount Less Than $50,000
TASK
DEADLINE

  1.  
File temporary relief motion



Financial affidavit per 12.285(c)(1)


File MFD per 12.285(c)(2)-(4)


Set Temporary Relief mediation (submit cover sheet)
With temporary relief motion

  1.  

  1.  

  1.  
Set hearing if mediation results in impasse
Should be scheduled within 14 days of request for hearing

  1.  
File attorneys’ fee affidavit
7 days before hearing

  1.  
Exchange exhibits and temporary relief memo
72 hours before hearing

Interim Fees Greater Than $50,000; Fees After Final Hearing Greater Than $50,000
TASK
DEADLINE

  1.  
File motion for fees


  1.  
Request hearing on fee motion
With motion

  1.  
Prepare uniform order setting final evidentiary hearing on attorneys fees and costs
After getting hearing time

  1.  
File affidavit of attorneys’ fees
10 business days after the date of the order

  1.  
Designate expert
20 days after entry of order (and no later than 5 business days before mediation)

  1.  
Non-moving party’s response to fees and costs affidavit
  • FAILURE TO OBJECT IS DEEMED AN ADMISSION
15 days before hearing

  1.  
Attend mediation
7 days before hearing

  1.  
Moving party’s written response to the non-moving party’s response to fees and costs affidavit
  • FAILURE TO RESPOND TO OBJECTION IS DEEMED AN ADMISSION
5 days before hearing

  1.  
DISCOVERY
  • Moving party must submit all invoices, time records, canceled checks, and other supporting documentation within 7 business days of any informal written request
  • Limited discovery permissible on an expedited basis
Must be completed and all motions must be heard no later than 5 days before hearing

  1.  
Pre-hearing stipulations
5 days before hearing

This chart should not be substituted for a careful reading of the administrative order. The best way for your client to recover attorneys’ fees is to comply with the order and applicable Florida law.
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