Attorney's Fees For Bad Litigation

Posted on Mon, Nov 21, 2016

A party many times cannot understand why they have to pay attorney’s fees to the other side in a family law matter. As previously stated in blogs on this website, there are ways on a dissolution action or any other action and under Chapter 61 that makes it equitable for a party to pay attorney’s fees. We may not like it, but it is in the law. Many times, however, one party goes crazy with the litigation. They basically fly off the handle and are not reasonable because they believe the other side will have to pay the attorney’s fees anyway. This is called “vexatious litigation”. A party’s behavior may be used to limit/reduce the fees requested or support an award of fees. Pursuant to §61.16 Florida Statutes the Court may not award fees, suit money or costs to a non-compliant party. The Court may consider violations of Court Orders as the basis for limiting or denying a fee award regardless of need and ability to pay. A party’s financial circumstances should not shield them from paying their own fees and possibly the other party’s fees when having engaged in frivolous litigation.

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