When we litigate, we are often asked by clients: Can I get my attorneys’ fees if I win? Whether or not the other side has a frivolous case or a good case, most people feel that they should be able to recover attorneys’ fees if they win the case. In Florida, however, this is not the case. Attorneys’ fees are only awarded in certain circumstances. Attorneys’ fees can only be recovered from the opposing party when there is a statute or a contract rendering such relief. In other words, if you have a contract with someone, and that contract does not provide for attorneys’ fees and costs, you will not be able to recover attorneys’ fees from the other side unless there is a statute pertaining to your dispute. If there is a statute which states that attorneys’ fees are authorized, you may be able to recover the same. Some examples of statutes which provide for attorneys’ fees are family law proceedings, partition actions, landlord-tenant disputes, and offer and demand for judgment. There are many others. Consult your attorney to protect your rights.
by Anthone R. Damianakis
