by Richard Prior
Staff Writer
Ten members of a judicial panel agreed that submitting bills for legal fees, and collecting those fees, can sometimes be difficult.
But there is a solution, they said. Be fair and document your work.
“If you do a very good affidavit, detailing what you went through, that is going to be very persuasive,” said Circuit Court Judge Waddell Wallace.
The panel was invited to attend Tuesday’s luncheon of the Jacksonville Women Lawyers Association, held at the River City Brewing Co. The topic for the annual judicial panel was “How To Get Attorneys Fees, Civil and Family.”
Those on the panel were Circuit Court judges Jack Schemer (who also served as moderator), Bernard Nachman, Peter Fryefield, Aaron Bowen and Waddell Wallace; County judges Mallory Cooper, Brent Shore, Gary Flower and Ronald Higbee; and General Master Dianne Misiak.
They responded to questions compiled beforehand by JWLA members.
One asked if there was a way for family law attorneys to be paid at least a portion of their fees at the beginning of the process instead of waiting for the end.
Misiak said that was possible, but approval could be based on a client’s ability to pay.
Flower agreed, adding that he would recommend the attorney do more than merely document the need.
“Your chances of prevailing are a whole lot better if you bring in someone respected in the practice,” said Flower. “My suggestion would be always bring a live witness.”
The panel was asked if they agreed on the importance of live witnesses. Though they are not required, “A live witness would take care of any hearsay questions,” Bowen said.
Who does the work and the hourly rate charged on the affidavit may set off some alarms, Fryefield said.
“I’m not looking favorably on $60 or $65 an hour for a paralegal’s time for something that a $5-an-hour employee could do,” he said. “And if I see a 15-minute flat rate for phone calls, that sends up a red flag, too.”
The amount of attorney’s fees depends on statute and contract. A community’s prevailing economic standard is a factor, the panel agreed. Experience and reputation also play a part.
“There’s no question the time in practice is important” in setting fees,” said Bowen. “An esteemed lawyer who’s been in practice 20-plus years is going to command a greater fee than someone just out of law school.”
Nachman said it didn’t seem all that long ago when a colleague complained that attorneys in Miami were charging $100 an hour.
“Times change,” he said.
Frustration abounds when bills increase because of the tactics of “certain attorneys who are notorious for failing to respond to telephone calls and letters,” said one questioner.
“Document it,” said Fryefield. “I don’t like to see any kind of dilatory conduct. Keep good record, make notations.
“If you have good documentation, I think you’re going to be in pretty good shape.”
Including e-mail records and faxes in the documentation will help the complaining lawyer’s case, Wallace added.
Fees incurred over discovery disputes should be resolved up front, the panel agreed, not at the end of the proceedings.
Attorneys who have a penchant for starting those disputes will get a bad reputation among judges as well as their colleagues.
“You want to be known as someone who’s reasonable,” said Fryefield. “You don’t want to get a reputation as someone trying to take advantage of the system.”
Cooper agreed.
“It’s important in your daily legal life that you don’t develop that reputation,” said Cooper. “Your own reputation is the most important thing you have. Not just with the judges, but with your fellow lawyers.”
Judge Karen Cole will discuss her literacy program at the May 4 luncheon, the last one of the year. It will begin at noon at the River City Brewing Co.