Attorney’s Fee and Expenses

(a) BIFURCATED PROCEDURE. Except in a social security action, a party claiming a post-judgment attorney’s fee and related non-taxable expenses must obtain an order determining entitlement before providing a supplemental motion on amount. (b) MOTION ON ENTITLEMENT. Within fourteen days after entry of judgment, the party claiming fees and expenses must request a determination of entitlement in a motion that: (1) specifies the judgment and the statute, rule, or other ground entitling the movant to the award, (2) states the amount sought or provides a fair estimate of the amount sought, and (3) includes a memorandum of law.

(c) SUPPLEMENTAL MOTION ON AMOUNT. Within forty-five days after the order determining entitlement, the party claiming fees and expenses must file a supplemental motion that: (1) describes the meet-and-confer effort but preserves any confidential settlement communication; (2) specifies the resolved and unresolved issues; (3) includes a memorandum of law on any disputed issue; (4) includes for any disputed rate or hour: (A) the timekeeper’s identity, experience, and qualification; (B) the timekeeper’s requested hours; (C) each task by the timekeeper during those hours; 41 M I D D L E D I S T R I C T O F F L O R I D A L O C A L R U L E S (D) the timekeeper’s requested rate; lead counsel’s verification that counsel charges the rate (E) requested, has reviewed each task, and has removed each charge for a task that is excessive, duplicative, clerical, or otherwise unreasonable; (F) evidence showing the reasonableness of the rates based on the prevailing market rate in the division in which the action is filed for similar services by a lawyer of comparable skill, experience, and reputation; and (5) includes for a disputed non-taxable expense: (A) a receipt for, or other evidence of, the expense and lead counsel’s verification that counsel incurred the (B) expense. (d) RESPONSE TO A SUPPLEMENTAL MOTION. A response to a supplemental motion on amount must detail the basis for each objection, including the identification by day and timekeeper of an unreasonable claim.

(e) ATTORNEY’S FEE IN A SOCIAL SECURITY ACTION AFTER REMAND. No later than fourteen days after receipt of a “close-out” letter, a lawyer requesting an attorney’s fee, payable from withheld benefits, must move for the fee and include in the motion: (1) the agency letter specifying the withheld benefits, (2) any contingency fee agreement, and (3) proof that the proposed fee is reasonable.