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The Florida Bar
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Public Comments

Miles McGrane - December 17, 2005

Our current Rule concerning petitioning for a higher fee expressly says it does not prevent a later claim that the fee was excessive. Should the Amendment 3 Rule contain that language? In a case where the party has signed an Amendment 3 waiver & later in the litigation serves a Proposal for Settlement on the opposing party be required to place that party on notice of the waiver? The law on fee shifting is that the court can award a reasonable fee, NOT TO EXCEED THE TERMS OF THE CONTRACT. How can a lawyer advise his client the risk of not settling w/o this information?

[Revised: 06-06-2011]