In the realm of litigation, the recovery of attorney’s fees is a critical consideration for both plaintiffs and defendants. Understanding how these fees can be recovered or awarded in Florida is essential for anyone involved in legal disputes. This post delves into the intricacies of attorney’s fees recovery in Florida litigation, examining the legal framework, circumstances under which fees can be recovered, and the impact of various factors on this process. 

Legal Framework: 

1. American Rule: 

• Like many jurisdictions, Florida adheres to the American Rule, which generally states that each party is responsible for its own attorney’s fees unless a statute, contract, or legal doctrine provides for fee-shifting. 

1. Contractual Agreements: 

• One of the primary ways attorney’s fees are recoverable in Florida is through contractual agreements. If a contract explicitly stipulates that the prevailing party is entitled to attorney’s fees, the court is more likely to enforce this provision. 

1. Statutory Authority: 

• Numerous statutes in Florida allow for the recovery of attorney’s fees. For example, the prevailing party in a lawsuit related to  a construction liens, landlord tenant disputes, wage disputes, or certain consumer protection cases may be entitled to attorney’s fees as outlined in such specific statutes. 

1. Procedure for asserting Attorney’s Fees: 

• Parties seeking to recover attorney’s fees typically file a motion after the conclusion of the case. This motion outlines the legal basis for fee recovery and provides a detailed accounting of the fees incurred. 

 

1. Reasonableness of Fees: 

• Courts in Florida assess the reasonableness of attorney’s fees and consider multiple factors required by case law and rule. If the Court awards attorney’s fees such amounts can be added to any final judgment award.  

 

In summary: 

Recovering attorney’s fees in Florida litigation involves a nuanced understanding of contractual agreements, statutory provisions, and equitable considerations. As parties navigate the complexities of legal disputes, being aware of the avenues for fee recovery enhances strategic decision-making and promotes fairness in the legal system. Whether pursuing or defending a claim, a clear understanding of the rules governing attorney’s fees in Florida is crucial for all parties involved in the litigation process. 

Robson D.C. Powers, Esq. 

Managing Attorney