How To Respond to a Motion for Attorney's fees
| Background: | Your civil opponent asked the court to award him/her attorney's fees |
| Problem: | You're unsure of how to put forth a well-formulated response |
| Solution: | You follow this guide for responding in opposition to the defendant's motion |
I. Definitions
Courts have broadened the interpretation of “prevailing party” in such a context to include preliminary relief or relief obtained as the result of a consent decree, or settlement, and the party need only prevail on the merits of some of the claims. The plaintiff’s lawsuit must be found to be causally linked to the achievement of relief obtained, and the defendant must not have acted gratuitously in response to a frivolous or legally insignificant claim.
II. Legal Citations
(2) states the amount sought or provides a fair estimate of the amount sought, and
(3) includes a memorandum of law.
(6) ...In any action or proceeding under this subsection, the commission, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. It is the intent of the Legislature that this provision for attorney’s fees be interpreted in a manner consistent with federal case law involving a Title VII action.
(7) ...In any action or proceeding under this subsection, the commission, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. It is the intent of the Legislature that this provision for attorney’s fees be interpreted in a manner consistent with federal case law involving a Title VII action.
III. Samples
| # | Comments | ₧ | |
|---|---|---|---|
| 001 |  | TBD case. USFLMD. Pro Se Filing. 2024. Defendant's Guilt. Defendant's Lies of Material Fact. (Title VII/etc.). |  |
| ...more samples coming soon... | |||
| hitting the like button will raise this on TBD's priority list | |||
| # | Comments | ₧ | |
|---|---|---|---|
| 101 | | 2004 | Attorney Filing | Dismissal without Prejudice; No Authority; Improper Purpose Requirement; No Evidence to Support Motion. | |
| ...more samples coming soon... | |||
| hitting the like button will raise this on TBD's priority list | |||
| # | Comments | ₧ | |
|---|---|---|---|
| 201 | | Attorney Filing | 2007 | Attorney Filing | Tape Recording; Minimal Pleading | |
| ...more samples coming soon... | |||
| hitting the like button will raise this on TBD's priority list | |||
IV. Templates
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe"). |  |
V. Application
- Disfavored (under Title VII): For several decades now, the US Supreme Court has disfavored awarding attorney fees to civil rights defendants:
"That §706(k) allows fee awards only to prevailing private plaintiffs should assure that this statutory provision will not, in itself, operate as an incentive to the bringing of claims that have little chance of success. To take the further step of assessing attorney's fees against plaintiffs simply because they do not finally prevail would substantially add to the risks inhering in most litigation and would undercut the efforts of Congress to promote the vigorous enforcement of the provisions of Title VII. Hence, a plaintiff should not be assessed his opponent's attorney's fees unless a court finds that his claim was frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly became so."
- Standard for Review: USFLMD has established the standard for evaluating Motions for Determination of Entitlement to Attorney's Fees:
“"The Eleventh Circuit has identified four factors for district courts to consider when assessing a defendant’s motion for attorneys’ fees under §1988:
(1) whether the plaintiff established a prima facie case; Beach Blitz Co. v. City of Miami Beach, 13 F.4th 1289, 1301−02 (11th Cir. 2021) (quoting Sullivan v. Sch. Bd. of Pinellas Cnty., 773 F.2d 1182, 1189 (11th Cir. 1985)).”
(2) whether the defendant offered to settle;
(3) whether the trial court dismissed the case prior to trial; and
(4) whether there was enough support for the plaintiff’s claim to warrant the court’s close attention.- In other words, courts weigh the following four factors (when evaluating motions for entitlement of attorney fees):
- whether or not the plaintiff had a prima facie showing;
- whether or not the defendant offered to settle;
- whether or not the case was dismissed prior to trial; and/or
- whether or not the plaintiff presented enough support for his/her cause of action.
- The fourth factor trumps all other factors:
"Even if the first three factors favor the prevailing defendant, a court will not award attorneys’ fees if the “particularly important” fourth factor is in the plaintiff’s favor. Id. at 1302; Cordoba v. Dillard’s Inc., 419 F.3d 1169, 1181−82 (11th Cir. 2005).
...
Here, the Court need not consider the first three factors identified by the Eleventh Circuit, as the fourth factor is dispositive. See Beach Blitz, 13 F.4th at 1302."
- In other words, courts weigh the following four factors (when evaluating motions for entitlement of attorney fees):
Factor 1 | Prima Facie Case of Employment Discrimination
- According to the US Supreme Court, you can satisfy the prima facie requirement in the following way:
"the complainant has the burden of establishing a prima facie case, which he can satisfy by showing that
(i) he belongs to a [protected class];
(ii) he applied and was qualified for a job the employer was trying to fill;
(iii) though qualified, he was rejected; and
(iv) thereafter the employer continued to seek applicants with complainant's qualifications." - Note: there are other variations (based on slightly different circumstances), but they're all pretty much copies of the four-part assembly (quoted above)'
Factor 2 | Defendant's Settlement Offer(s)
- According to the 11th Circuit Court of Appeals, a defendant's offer-to-settle diminishes his/her request for attorney fees.
“Factors considered important in determining whether a claim is frivolous also include: (1) whether the plaintiff established a prima facie case; (2) whether the defendant offered to settle; and (3) whether the trial court dismissed the case prior to trial or held a full-blown trial on the merits. ”
Factor 3 | Dismissal vs Summary Judgment
- According to USFLMD, an entry of summary judgment (instead of a dismissal) diminishes the request for attorney fees:
“Though ultimately unsuccessful, Plaintiff’s §1983 claim warranted the close attention of the Court. To be sure, this was not a claim of obvious frivolity at the time of this action’s initiation. See, e.g., PBT Real Estate, LLC v. Town of Palm Beach, No. 19-11264, 2021 WL 5157999, at *3 (11th Cir. Nov. 5, 2021) (considering whether claim was obviously frivolous at time of filing when assessing fourth factor). Rather, Plaintiff supported his claim with multiple forms of evidence, thereby requiring ample briefing by the parties. See Dkts. 61, 75, 81. This is reflected in the Court’s summary judgment order, in which the Court thoroughly assessed the parties’ arguments and the adequacy of Plaintiff’s evidence. Dkt. 93 at 40−48. A claim warranting such close review cannot be said to be frivolous, unreasonable, or without foundation. See Beach Blitz, 13 F.4th at 1302. Given Plaintiff’s §1983 claim was supported to the extent it required the Court’s close attention, the City’s Motion for Attorneys’ Fees is due to be denied.”
Factor 4 | Dismissal
- The 11th Circuit states that presentation of relevant evidence diminishes the request for attorney fees:
“In cases where the plaintiffs introduced evidence sufficient to support their claims, findings of frivolity typically do not stand. E.g., White v. South Park Independent School District, 693 F.2d 1163 (5th Cir. 1982); Plemer v. Parsons-Gilbane, 713 F.2d 1127 (5th Cir. 1983).”
VI. Quick Commentary
- Critical Note: File this document on time!
- Check the local rules of your court!
- some tribunals have 7-day response-times;
- others tribunals have 14-day response-times; and
- there are some tribunals that have 21-day response-times
- USFLMD = 14-Day Response Time
- Check the local rules of your court!
- Download as many sample documents as you'd like
- Model your language after the language that lawyers use
- Use the free-hand template (see Part IV - above) to write your Response
- Save the final version as a PDF file.
- File the final version in court
VII. Additional Notes
- Estimated Time ≈ 2-12 hours
VIII. Additional Resources
- TBD's Interactive Reading List on Motion for Attorney's Fees (Free; Earn Book Points!):
- Interactive Reading List (Attorney Fees)
- TBD's Interactive Reading List on Summary Judgment (Free; Earn Book Points!):
- Interactive Reading List (100+ Decisions)
IX. Bibliography
X. Conclusion
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
