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§57.105 – ATTORNEY’S FEES CLAIM FAILS: 21 DAY SAFE HARBOR LETTER DEFICIENT

§57.105 ATTORNEY’S FEES CLAIM FAILS:  21 DAY SAFE HARBOR LETTER DEFICIENT SAYS FLORIDA

As an attorney, we are zealous advocates of our clients and their rights. We are trained in law school to pursue justice at all costs. However, sometimes the facts may not support our actions filed, or if they do, the other side feels that our suit or pleading filed on behalf of our client, is frivolous and being filed fraudulently on the Court. Then you get slapped with a §57.105 Motion for Sanctions, both against you and your client. Now what? Don’t fear! There is so much law on the §57.105 motions and how to overcome them. The answer is to hire the right lawyer to help you that knows what they are doing and how to fight §57.105 motions.

For starters, there is the 21 Day “Safe Harbor Letter“

The 21 Day Safe Harbor letter is not only mandatory before the filing of a §57.105 motion for sanctions, it can determine whether the motion stands up in Court or gets dismissed.

The 4th DCA, on June 7, 2017, overturned a Broward County Judge’s ruling which awarded attorney’s fees under a Motion for Sanction under Florida Statutes §57.105 because the manner in which the notice of the sanctions was sent, was improper.  Ask your Florida lawyer about unsubstantiated and groundless fake lawsuits and suits brought without merit.  Why? Because under Florida law, you may be able to get your attorney’s fees paid for by the other side. 

  • Before you start calling your Florida lawyer however, it is important to understand the nuances of Florida Statutes §57.105 and the motion for sanctions once served upon you, as either a party or counsel, since it is only applicable if the other side is making a claim or a defense which is NOT supported by the facts or the law.
  • If you have received a §57.105 Safe Harbor letter and accompanying unfiled Motion for Sanctions, understand that strict compliance with that law is mandatory. Otherwise, it won’t survive dismissal, and fees awarded to the other side.
  • Proper Notice is crucial. Not only for the 21 Safe Day Harbor letter but also for the requirements when the 21 Day Safe Harbor letter is sent. It must comply with the Rules of Procedure and Florida Rules of Judicial Administration 2.516.
  • The movant must wait the 21 days to file the Motion for Sanctions
  • And the motion for sanctions under 57.105, must also strictly comply with the law.
  • In the Broward case, the Safe Harbor 21 day letter was missing four important words and because of that it did not survive.

If you have received a §57.105 Motion for Sanctions, call us.

At the Law Offices of Jacqueline Salcines, PA we have been successful not only in getting these Motions denied, but attorney’s fees completely denied both against the attorney and the party. We have been assisting clients with their litigation needs for over 21 years.

TRUST | COMMITMENT | RESULTS

§57.105 – ATTORNEY’S FEES CLAIM FAILS: 21 DAY SAFE HARBOR LETTER DEFICIENT
Jacqueline A. Salcines, Esq.
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FLORIDA STATUTES §57.105 SANCTIONS

FLORIDA STATUTES §57.105 SANCTIONS AGAINST PARTIES AND THEIR COUNSEL

Florida lawyers have both ethical and statutory duties not to file actions that are not supported by facts or law. The duty against “frivolous” filings or proceedings is governed and imposed by Rule 4-3.1 of the Rules Regulating the Florida Bar. The party seeking the sanctions is in essence advising the party and their counsel, that their pleading is wholly unsupported by fact or law, and asking them to withdraw it from the Court. Attorney’s fees are awarded under Florida Statutes 57.105 when there is a total or absolute lack of justiciable issue of either law or fact, which is tantamount to a finding that the action or defense is frivolous.

Due process requires that an opposing party and their counsel be given notice of a party’s desire to seek sanctions under 57.105(1). Therefore, the statute specifically requires that a motion seeking sanctions be served 21 days before it is filed in order to give the party and their attorney enough time to review the case and/or withdraw it. Counsel or the party, if unrepresented must be served with a 21 day “Safe Harbor letter” advising them of this and allowing the 21 days to review or withdraw. Caselaw provides that if the other side fails to provide the 21 day safe harbor letter, then the motion can not proceed.

Moreover, if the 21 day safe harbor letter is not sent correctly, that is, as required by the Rules of Procedure, it too will not survive at hearing.

Whether sending, or being the recipient of a §57.105 Sanction Motion, there are rights and duties for each party. At the Law Offices of Jacqueline A. Salcines, PA we are well versed in assisting parties and their attorneys with Motions for Sanctions filed against them. Consult with attorney Jacqueline A. Salcines, PA in order ascertain what can be done in your case.

TRUST | COMMITMENT | RESULTS

FLORIDA STATUTES §57.105 SANCTIONS
Jacqueline A. Salcines, Esq.

LAW OFFICES OF JACQUELINE A SALCINES PA

706 S DIXIE HIGHWAY

SECOND FLOOR

CORAL GABLES, FLORIDA 33146

TEL: 305 669 5280

EMAIL: J.SALCINES@SALCINESLAW.COM

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