The question of experts in attorneys' fees litigation.

• Author: Wyle, Mitchell Leland
• Position: Letters

I recently had the pleasure of reading "Is Expert Testimony Really Needed in Attorneys' Fees Litigation?" (January 2003) by Robert J. Hauser, Raymond E. Kramer III, and Patricia A. Leonard. The article supports and expands upon Judge Gross' concurrence in Island Hoppers, calling for a simplification of procedure regarding the award of fees. As the authors quote Judge Gross' special concurrence: "Attorneys' fees is the single most litigated issue in civil courts.... After six months on the civil bench, a judge has heard enough testimony to qualify as an expert on the reasonable value of legal fees in his or her community." Island Hoppers, 820 So. 2d at 977.

As an attorney who specializes in the ofttimes "through the looking-glass" world of workers' compensation (a/k/a/, "the red-headed stepchild of the law"), I was somewhat surprised to see, however, no reference, in either the article or the opinion...