DONALD BROWNE, APPELLANT,
v.
MIRYAM COSTALES, APPELLEE

Fla. 3d DCA | 1991-04-09
Nos. 89-2514, 89-1995 and 89-1997
Before SCHWARTZ, C.J., and HUBBART and GERSTEN, JJ.
579 So. 2d 161 Florida District Court of Appeal, Third District (1991) Positive Treatment
Cited by 10 cases

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Synopsis

Donald Browne appeals a dissolution of marriage judgment awarding alimony and attorney's fees to his ex-spouse Miryam Costales. The appellate court affirms most of the trial court's rulings but reverses the attorney's fee award to Costales's second attorney, finding the fee unreasonable because it was based on improper "unit billing" practices rather than actual time spent on legal work.


Holding

The appellate court affirmed the trial court's awards of alimony, the judgment for arrearages, and the contempt finding, but reversed the attorney's fee award as unreasonable. The court held that unit billing without actual time records is an unacceptable practice that violates Rule 4-1.5 of the Florida Bar Rules Regulating the Florida Bar, which requires fees to be based on factors other than flat rates per task.


Headnotes

[1] An award of attorney's fees is unreasonable when based on an unacceptable unit billing practice that does not reflect the actual time spent on legal work.

[2] Unit billing, where an attorney bills a predetermined number of minutes for a given task without regard to actual time spent, is an unacceptable method for calculating at…

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Key Quotes

“Unlike an ostrich, we cannot bury our heads in the sand and ignore abuses of attorneys charging fees for less than routine matters. We cannot condone the practice of unreasonable "unit billing" for an attorney's time without regard for the actual time spent on true legal work.”

Establishes the court's strong position against unit billing without actual time records

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Facts & Procedural History

This case involved a consolidated dissolution of marriage proceeding. The trial court awarded Costales alimony, attorney's fees of $20,000 to her seco…

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Opinion of the Court
GERSTEN, Judge.

GERSTEN, Judge.

Appellant, Donald Browne, appeals from adverse final orders and judgments in consolidated cases arising from a dissolution of marriage. Appellee, Miryam Costales, cross-appeals the denial of rehabilitative alimony. We affirm in part, reverse in part, and remand.

Appellant contends that the trial court erred in awarding appellee alimony and attorney’s fees, a judgment for arrearages, and in finding appellant in contempt for failing to comply with a trial court order and judgment. After a review of the record, we only find error in the amount of attorney’s fees awarded to appellee’s second attorney.

Appellee’s second attorney, the recipient of a $20,000 attorney fee award, did not keep time records because he relied on “unit billing.” Appellee’s counsel admitted at oral argument that his apparently silver-tongued efforts as trial counsel secured no equitable distribution, no lump sum alimony, and no permanent or rehabilitative alimony for the wife in this one and one-half year marriage; the sole result which he obtained was $10,000 in temporary support monies.

As elicited in oral argument, unit billing is a practice where the attorney bills a predetermined number of minutes for a given task. In this case, the attorney billed 24 minutes for each task of: notices of hearing, re-notices of hearing, and notices of taking deposition. He billed 15 minutes for each task of: a note of transmittal, and for transmitting a proposed order to the court.

This attorney’s practice of unit billing was, in our view, unacceptable, and serves to fuel the opprobrium felt for the legal profession. He had the effrontery to explain that his unit billing included the time necessary for him to fold the paper, stuff the envelopes, and seal them (no doubt with his silver tongue). The “units” were billed at $250.00 per hour. Unlike an ostrich, we cannot bury our heads in the sand and ignore abuses of attorneys charging fees for less than routine matters. We cannot condone the practice of unreasonable “unit billing” for an attorney’s time without regard for the actual time spent on true legal work.

Rule 4-1.5, Rules Regulating the Florida Bar, provides the factors upon which a reasonable fee can be based. It does not provide for flat rates per task. See also Standard Guaranty Insurance Co. v. Quanstrom, 555 So. 2d 828 (Fla.1990).

The Florida Bar v. Richardson, 574 So. 2d 60 (Fla.1990) recently addressed the concept of unreasonable unit billing and flat rates for phone calls and document preparation. In that case, the Florida Supreme Court suspended an attorney, finding “absolutely no justification” for such an approach:

Lawyers are officers of the court. The court is an instrument of society for the administration of justice. Justice should be administered economically, efficiently, and expeditiously. The attorney’s fee, is therefore a very important factor in the administration of justice, and if it is not determined with proper relation to that fact it results in a species of social malpractice that undermines the confidence of the public in the bench and bar. It does more than that; it brings the court into disrepute and destroys its power to perform adequately the function of its creation.

The Florida Bar v. Richardson, 574 So. 2d at 62 (quoting Baruch v. Giblin, 122 Fla. 59, 164 So. 831 (1935)). We find no justification for counsel’s unit billing practice in this case. We find that the amounts billed were excessive and that the fee awarded was unreasonable, particularly in view of the limited results obtained by counsel for the wife.

Accordingly, we reverse and remand to determine appellee’s attorney’s fees in accordance with this opinion. We find no other errors in the trial court’s rulings, and affirm as to all other issues in appellant’s appeal and appellee’s cross-appeal.

Affirmed in part, reversed in part and remanded.


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Citator

Cited By

  • Miller v. First Am. Bank & Tr., 607 So. 2d 483 (Fla. 4th DCA 1992)
    …cy Hosp., Inc. v. Johnson, 431 So. 2d 687 (Fla. 3d DCA), pet. for review denied, 441 So. 2d 632 (Fla.1983); In re Estate of Simon, 402 So. 2d 26 (Fla. 3d DCA 1981), appeal after remand, 427 So. 2d 235 (Fla. 3d DCA 1983); see also Browne v. Costales, 579 So. 2d 161 (Fla. 3d DCA) (abuse of “unit billing”), rev. denied, 593 So. 2d 1051 (Fla.1991). Nor are we precluded from reaching this result by the fact that, under Applegate, we must presume that someone testified that the hours in question were actually empl…
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  • Dralus v. Dralus, 627 So. 2d 505 (Fla. 2d DCA 1993)
    …ssed its concern regarding the wasting of marital assets on avoidable litigation expenses and emphasized the authority of the court to limit attorney's fees to an amount that is reasonable to compensate for necessary services. In Browne v. Costales, 579 So. 2d 161 (Fla. 3d DCA), review denied, 593 So. 2d 1051 (Fla.1991), the court, in addressing the issue of attorney's fees charged to the wife, found them to be excessive and unreasonable and remanded to the trial court for a redetermination of the wife's fees…
  • Carlson v. Carlson, 639 So. 2d 1094 (Fla. 4th DCA 1994)
    …arises solely from section 61.16, Florida Statutes (1991). Lastly, we agree with the trial court’s determination that former wife’s counsel’s billing practices did not constitute improper “unit billing” as was disapproved of in Browne v. Costales, 579 So. 2d 161 (Fla. 3d DCA 1991). Reversed and remanded on cross-appeal for further proceedings consistent with this opinion. GLICKSTEIN and WARNER, JJ., concur. . See Tomaino v. Tomaino, 629 So. 2d 874 (Fla. 4th DCA 1993); Whitney v. Whitney, 638 So. 2d 517 (…

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