If you win a legal case in Florida, you can request to get back the money you spent on court costs. However, recovery of attorneys’ fees in Florida is more limited. In order to recover attorneys’ fees in a litigation in Florida, there must either be an agreement that allows for it or a specific statute that provides for the recovery of attorney’s fees. When hiring a Florida attorney for any legal services, it’s important to discuss the possibility of recovering attorney’s fees and costs with them.
Attorney’s fees in Contracts
When creating a contract or agreement, it’s important for your Florida business lawyer or any other attorney handling your case to include a provision stating that the winning or prevailing party in a lawsuit related to the contract or agreement can recover their attorney’s fees.
Alternatively, the attorney can specify that the party is entitled to attorney’s fees if they need to enforce the contract due to the other party’s violation. It’s also advisable to ensure that the provision regarding attorney’s fees is broad enough to cover the costs of litigation.
If such provision is included in the contract, the court will decide who the prevailing party is and may award attorneys’ fees accordingly. Sometimes, both parties could be considered prevailing. Florida courts may use a test called the “significant issues” test to determine the prevailing party, which goes beyond simply looking at the monetary awards. It’s also possible that no party will be awarded attorney’s fees, even if they prevail in the case.
On the other hand, if the contract at issue does not have a provision detailing attorneys’ fees, then each party may be responsible for its own fees.
Apfelbaum Law has Florida business attorneys who can assist you with your contractual matters and other Florida legal services that may affect your entitlement to attorneys’ fees. If you have questions related to contracts, agreements, attorneys’ fees, or any other Florida legal services, please contact Apfelbaum Law for a consultation.
