We handle cases based on hourly rates, fixed fees, and on a contingency basis, depending on the nature of the case. We are willing to explore alternative arrangements for payment if you have a good case. The payment terms and conditions under which we will take a case will always be discussed with you before we agree to take your case.
Basic Information About Paying Attorney Fees
In most legal matters, the default rule on attorney fees is called the “American Rule.” While we love all things American, if you have a good case, we are not often fans of the American Rule. The American Rule is that each party to a dispute is responsible for paying their own attorney fees, whether they win or lose. The opposite rule, which we will call the “English rule,” is that you are entitled to recover your fees from the losing party when you win.
The consequence of the American Rule means that even if you have a good case, or a good defense if you are defending from a suit that someone else has filed against you, you might pay more to bring a case or defend a suit then it will be worth when you win the suit. This can be unfair when you have a good case or someone has filed a without merit suit against you, it can cost more to litigate than the dispute is worth, one reason so many cases settle. However, there are many exceptions to the American Rule on attorney fees under both Florida and Federal law, and these exceptions are great news for you if you have a good case or defense.
For example, if you win you are often entitled to recover your attorneys fees from the losing side if: a contract provides for prevailing party fees; you are are a small business and you successfully challenge a state rule or regulation under the Administrative Procedures ACT (APA); if you prevail in a constitutional challenge under Section 1983; if you have successfully made an offer of judgment that the losing side rejected;if specific a specific statute, such as the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), or the Federal Electronic Data and Communications Privacy Act (EDCPA), or the Federal False Claims Act (FCA), provides for a fee recovery.
There are many other examples of when gfees may be recovered – these are just a few out of potentially hundreds. Each case is different, and there are different requirements to be met, but when you have a good case, we will do as much as we lawfully can to shift attorney fees to the other party for you when you ultimately win your case. Please contact us to discuss if you believe that you have a good case.
Below is a picture of some old time legal payments – cattle.