Tampa, Florida

Recovery of Attorney's Fees

Recovery of Attorney's Fees in Tampa

Tampa Divorce Attorney

The payment of attorney's fees and court costs is a first party contract relationship between the attorney and the client. That is to say, the client is both initially and ultimately responsible for the payment of his or her own attorney's fees and court costs to the attorney. The firm represents clients on the basis of an initial retainer/cost deposit placed with the firm by the client at the commencement of the representation.

Even though the ultimate responsibility for the payment of fees and costs lies with the client, Florida Statute 61.16 provides a mechanism for trial judges to order one party to contribute to, or pay all of, the attorney's fees and costs of the other client, as equity and justice may require. This concept of "fee shifting" is used by the courts to assure that both parties have equal access to quality representation in pursuing their claims. The most often used term by trial judges, when awarding fees from one party to the other, is that the award is intended to "level the playing field" between the parties. If the fee shifting was not allowed, the litigant with control of the family finances would be able to secure competent counsel, while the spouse without access to funds might be left poorly represented or, even worse, unrepresented.

Courts award attorney's fees between litigants based on their financial postures and routinely award court costs on the same basis. Therefore, in a situation where the parties had roughly equal financial abilities, there would ordinarily be no award of attorney's fees by the court. On the other hand, where the parties' incomes are dramatically different, it is not unusual that the court orders the party with the greater income to pay most or all of the other party's reasonable attorney's fees and court costs. This is particularly true where the ratio of income is two to one or greater.

Attorney's fees and court costs may be sought on a temporary basis at a temporary hearing as well as being the proper subject for presentation at a final hearing.

It is not possible to ever accurately project what the ultimate cost of litigation will be. The firm's Retainer Agreement contemplates that the original retainer will be replenished as necessary, as the litigation goes along. The extraordinary cost of litigation including the attorney's fees and professional forensic witness fees are a major motivation in parties settling cases at the earliest convenient time. This leads parties routinely to seriously approach mediation as soon as financial disclosure can be completed and our clients are routinely counseled to evaluate the cost/benefit ratio of litigation versus compromising.

Contact a Tampa divorce lawyer at Givens Givens Sparks today if you have questions about attorney's fees.

Client Testimonials

  • "I feel exceptionally fortunate having been referred to you."

  • "Rob has proven his extraordinary talent, perseverance, vast knowledge of the law, along with his professional demeanor and his ability to communicate and listen well."

  • "Your expertise, knowledge and professionalism put me at ease while you handled my out of state matters."

  • "I will be forever grateful for your assistance, understanding & concern on my divorce."

  • "Know anyone with the same amount of class, ethics and thoughtfulness and ability to execute as you?"

  • "The times we have with our granddaughter are a constant reminder of Rob’s highly effective work."

  • "Going through a divorce is a very traumatic event, but you all make your clients feel cared for and the trust factor is definitely felt."

  • "I would recommend them 200% to anyone who has to go through a divorce."

  • "I truly appreciate your brilliant legal minds and your professional protection of my desires and interests as pertaining to my home."

  • "If I ever have a friend who's going through a divorce, you will be the only name for me to recommend."

  • "Mr. Givens assured me that he was placing my needs in very good hands. He was correct because we are in a much better place because of your efforts."

  • "Stann is an intellectually gifted, highly motivated, knowledgeable attorney. He was truly a 'master negotiator.'"

  • "Rob, Thank you for your assistance and guidance throughout my divorce process. I will certainly recommend you to others seeking legal support."

  • "I appreciate you both always taking the time to answer all of my questions"

  • "Your joint efforts and hard work have finally brought a son and father together."

  • "Your guidance and wisdom has truly guided me through this difficult process that I can now put behind me."

  • "His research, preparation and professionalism is noteworthy in every aspect."

  • "Rob, I wanted to say THANK YOU for all of the time, effort and hard work you put into my case! Without your assistance, Madison would not be here with us in South Florida."

  • "Your guidance and wisdom has truly guided me through this difficult process that I can now put behind me. "

  • "His research, preparation and professionalism is noteworthy in every aspect. You have a brilliant attorney on your team."

  • Paula, thank you so much! You have been a true pleasure to work with through this difficult process. I really appreciate it.

  • "Rob, Thanks again for all of your help through this process. You and Paula have both been great."

  • "Ellen, this comes with sincere gratitude for a job well done. You have restored my faith in your profession. Thank you for always acting in my best interest."

  • "Ellen, I could not have been more fortunate in my legal representation!"

  • "I am very happy that I selected your firm and would not hesitate to give my highest recommendation."

  • "Rob, I wanted to say thank you for all your efforts in getting this agreement settled."

  • You have been wonderfully amazing. Thank you for everything. So grateful.

Get In Touch

At Givens Givens Sparks, your family is our family. As such, we promise to fight for each client and voraciously protect their best interests. Facing a family law issue? Get in touch with us to learn how we can help!

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