Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can an attorney be sanctioned in a Florida family law case? It is possible for an attorney to be sanctioned for bad faith conduct in a proceeding. This usually happens when an attorney violates an order or pursues relief to which the attorney knows the client is not entitled. These sanctions are rare, however, and certain procedures must be followed to uphold the sanctions. This was an issue in the case The Shir Law Group, P.A. v. Carnevale, et. al., 3D21-0988 (Fla. 3d DCA August 10, 2022).
In the underlying lawsuit, the appellants accused the opposing party of violating a confidentiality order when they disclosed parts of a confidential settlement agreement. A cross-motion was filed, and at after a hearing on both motions, the court denied them. The court made an oral finding that there was no violation of any court order, and that the information alleged to be disclosed was already public record. The court did, however, sanction that appellants for unnecessary litigation, and they appealed.
The appellate court held it was error to levy these sanctions without notice and an opportunity to be heard. The court stated, “A trial court possesses the inherent authority to impose attorneys’ fees against an attorney for bad faith conduct. Moakley v. Smallwood, 826 So. 2d 221, 226 (Fla. 2002). ‘The inherent authority of the trial court, like the power of contempt, carries with it the obligation of restrained use and due process.’ [. . .] Accordingly, the trial court must make express findings of bad faith and provide the attorney notice and an opportunity to be heard before imposing the attorneys’ fees. [. . .] ‘[T]he amount of the award of attorneys’ fees must be directly related to the attorneys’ fees and costs that the opposing party has incurred as a result of the specific bad faith conduct of the attorney. Id. Finally, if a specific statute or rule applies, the trial court should rely on the applicable rule or statute rather than on inherent authority.’”
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