Attorney’s Fees: Expert Testimony

Robin Roshkind, P.A. v. Machiela, ___ So. 3d ___, 35 Fla. L. Weekly D1571 (Fla. 4th DCA 7/14/10)

The appellate court reluctantly affirmed the denial of a motion for attorney’s fees based on a charging lien because of the absence of expert testimony to support the fees requested.  The court questioned the value of expert testimony in fee cases and certified the following question to the Florida Supreme Court:  “Is expert witness testimony necessary to establish attorney’s fees due under a charging lien against a client, who has entered into a retainer agreement that requires all fee disputes to be made in writing within thirty days of the bill’s receipt and has failed to object?”