In re the Marriage of Vidri

48 Fla. Supp. 2d 104
CourtCircuit Court for the Judicial Circuits of Florida
DecidedMarch 11, 1991
DocketCase No. 87-36708 FC (25)
StatusPublished

This text of 48 Fla. Supp. 2d 104 (In re the Marriage of Vidri) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Marriage of Vidri, 48 Fla. Supp. 2d 104 (Fla. Super. Ct. 1991).

Opinion

OPINION OF THE COURT

PHILIP BLOOM, Circuit Judge.

ORDER AWARDING ATTORNEY’S FEES

THIS CAUSE duly came before this Court on the Motion for reasonable attorney’s fees made in behalf of the Wife and her attorneys for services performed with respect to trial court proceedings in the dissolution of marriage.

After reviewing the evidence and the applicable law with respect to [105]*105this matter, it is clear that there are serious legal, practical and policy matters to which the Court should direct its attention in fulfilling the direction of the Legislature as contained in Section 61.16, Florida Statutes. Additionally, the observations of our Supreme Court on this subject are important.1

Background

Wife’s attorneys, Ray Pearson and Bruce Christensen of the firm of Floyd Pearson Richman Greer Weil Brumbaugh & Russomanno, represented Wife during the entire proceedings in the trial court and with respect to post-trial matters. In these proceedings, dissolution was sought of a 30-year marriage, and equitable distribution of variously $20,000,000, $6,000,000 or $3,000,000 of Husband’s assets. The proceedings were very adversarial insofar as the respective parties were concerned, and vigorously contested. Wife seeks attorney’s fees of $250,000. Those fees sought are not only on the basis of time and hours spent by Wife’s attorneys, but also on the results accomplished, the difficulties encountered, the volume of documents involved, the nature of the parties and their assets, the unique facts, and the extensive time frame of approximately five (5) years to reach a conclusion in this cause.

The Fee Determination System

Our system for determination of reasonable attorney’s fees leaves much to be desired. There are numerous, sometimes conflicting criteria influencing the assessment of reasonable attorney’s fees. Section 61.16 F.S. authorizes “a reasonable amount for attorney’s fees.”2

[106]*106Under the system, the party requesting the fee must present evidence of the amount of attorney’s fees reasonably necessary for the legal work required, and the opposing party may present other evidence as to a reasonable amount.

The determination of reasonable legal fees traditionally has involved the expert testimony of others versed in the same field of practice. The evidence in this case does not show the usually dramatic disparity in amounts between those seeking and those paying attorneys’ fees.

Wife’s attomey(s) Pearson claims fees of $250,000 based upon the hourly rates and the time spent by all who worked on the case, of approximately $175,000 and upon the additional factors set forth in Rule 4-1.5 Rules of Professional Conduct Governing the Florida Bar. This Rule places a premium on difficulty of matter, results obtained, nature of clients and assets, and indeed requires a full evaluation of the services rendered in the context of every aspect of the case. On the other hand, Husband’s attomey(s) suggests that a reasonable fee is determined by hours multiplied by time, of approximately $175,000 to $180,000.

Work Performed

The Court is very knowledgeable of this case as the trial judge who not only tried the case, but who recalls it consumed a tremendous amount of this Judge’s time during and after normal working hours and on weekends. This was one of the most hotly contested difficult matrimonial cases, insofar as finances are concerned, encountered by the Court in its four (4) years as a civil trial judge.3 Obviously, the ultimate issue involved was money. This Court had to wade through a deluge of documents, statements, bank accounts, personal and business financial data, various businesses, and had to reconcile their conflicts with reason, common sense and the law. Additionally, the Court observes that other comparable attorneys (if there be any) have hourly rates higher than those billed to Wife; and that Wife’s attorneys proceeded expeditiously within the context of this case.

The Evidence on Fees

According to the testimony and other evidence, among other things, the documents, pleadings, motions and other materials, consist of some 22 accordion files, each approximately 8 to 10 inches in width, which if [107]*107the file jackets were laid on a floor, would take up half a room, or over 16 feet in width if placed side by side.

Husband had three different sets of lawyers, each of whom was knowledgeable and well versed in family law. Wife’s attorneys used the “team” approach of lead partner Pearson at $250 an hour and workhorse partner Christensen at $200 an hour (each of whom during these 5 years of proceedings raised their rates to $300 and $250 respectively although Wife was not billed at the new rates). Other lawyers and paralegals filled in as required at lesser rates, with one lead paralegal.

According to Wife’s attomey(s), this was one of the most complex matrimonial cases that their office ever handled. The number and type of documents was extraordinary; there were 23 bank accounts; complex financial data; intracorporate transfers; assets in a foreign country; numerous businesses extending from Dade County to Salvador; and the systematic depletion or conversion of personal assets and liabilities into corporate assets and liabilities. And there were proceedings tangential to this case which were initiated by Husband’s lawyers, but which were a minimal aspect of this matter.

Wife’s expert on fees was attorney Jason Berkman who testified that this was the most complex case which has ever come to his attention. Some 90% of Berkman’s time is spent in family law, and Berkman said a single practitioner could not handle this matter — a team approach was necessary. The difficult marshalling of assets with foreign country ramifications, the numerous bank accounts, and his ten (10) hour review of the files, all led Berkman to the conclusion that this was a most unusual case to handle. It was Berkman’s opinion that a reasonable fee for Wife’s attorney is $250,000.

Husband’s initial contention is that Wife should receive no attorneys’ fees since the division of assets was favorable to her, and therefore she needed no assistance. Husband’s fall back position is that the fee should be determined by pure arithmetic, i.e. hourly rates multiplied by time spent. Husband’s expert was lacking in major family law work. However, he testified that a reasonable fee (if any were to be awarded) was between $175,000 and $180,000, based on the hourly rate-time charges.

Husband, prior to these proceedings, swore to have close to $20 million in assets, $14 million of which were in Salvador. The evidence also showed that the Wife paid an initial retainer of $3,000, and thereafter sold her jewelry and some gold bars to pay a reasonable retainer for her representation. She has no other disposable assets.

[108]*108It is overwhelmingly clear from the evidence that the Husband has the means and the ability to pay Wife’s attorneys’ fees in this cause; that he is gainfully employed; and that he can control the amount of his assets and income. It is equally abundantly clear that Wife, physically and mentally cannot work and does not have the ability to generate any monies.

The Applicable Law

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Bluebook (online)
48 Fla. Supp. 2d 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-vidri-flacirct-1991.