Abstract

LITIGATING THE YANKEE TAX: APPLICATION OF THE LODESTAR TO ATTORNEYS' FEE AWARDS IN COMMON FUND LITIGATION

BRUCE R. BRAUN AND W. GORDON DOBIE

Copyright 1996 Florida State University Law Review

This Article addresses the Florida Supreme Court's rejection of the percentage method, where an award of attorneys' fees in common fund litigation is based on a percentage of the common fund recovered, and its adoption of the lodestar method, in which attorneys are limited to a reasonable hourly rate multiplied by a number based on factors such as the complexity of the litigation. It traces the development of those doctrines and outlines the strengths and weaknesses of each method. It then examines the effect the lodestar method will have on attorneys presented with contingent common fund litigation and concludes that the public will be ill-served by the court's departure from precedent.


Back to the Law Review home page