Attorney Fees in Florida Cases

We handle cases using hourly rates, fixed fees, or contingency fees, depending on your case. We are open to discussing alternative payment options if you have a strong case. The payment terms and conditions will always be explained, and set out in a written fee agreement, before we agree to take your case.

Under each of these fee arrangements, the client is responsible for the costs and expenses of the case, such as filing fees, court reporter fees, and expert witness fees, in addition to the attorney fee. In a contingency fee case, the client is responsible for those costs whether or not there is a recovery.

To discuss fees for a matter anywhere in Florida, call 850-567-8445 or use the contact form on this page.

Who Pays Attorney Fees: The American Rule

In most legal cases, the default rule for attorney fees is called the “American Rule.” While we appreciate all things American, we are not always fans of this rule, especially if you have a strong case. The American Rule states that each party in a dispute pays its own attorney fees, regardless of who wins or loses. In contrast, the “English Rule” allows you to recover your fees from the losing party if you win.

The consequence of the American Rule is that even if you have a strong claim or defense, you might end up paying more to initiate or defend the case than the amount you would gain if you win. This can be unfair, especially if you have a valid case or if someone has filed a baseless lawsuit against you; it can cost more to litigate than the dispute is worth, which is one reason many cases settle. However, there are many exceptions to the American Rule on attorney fees under both Florida and federal law, and these exceptions may be great news for you if you have a good case or defense.

When the Other Side May Have to Pay Your Attorney Fees

You can generally recover your attorney fees from the losing side only if a contract, a statute, or a court rule provides for it. Common examples include:

• A contract provides for prevailing party fees. Under section 57.105(7), Florida Statutes, when a contract gives the right to fees to only one side, the court may also award fees to the other side if it prevails.
• You successfully challenge a proposed or existing state agency rule under Florida’s Administrative Procedure Act (section 120.595, Florida Statutes).
• You are a small business and you prevail in a case that a state agency started against you (the Florida Equal Access to Justice Act, section 57.111, Florida Statutes).
• You prevail in a constitutional challenge under 42 U.S.C. § 1983 (the court may award fees under 42 U.S.C. § 1988).
• In a civil action for damages, you made an offer of judgment that the other side did not accept, and the judgment was at least 25 percent better for you than your offer (section 768.79, Florida Statutes).
• A specific statute provides for fee recovery, such as the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), the federal Electronic Communications Privacy Act (ECPA), or the federal False Claims Act (FCA).
• The other side raised a claim or defense that it knew or should have known was not supported by the facts or the law (section 57.105, Florida Statutes).
• You win a lawsuit to enforce Florida’s public records law against an agency that unlawfully refused to provide records, after giving the required written notice (section 119.12, Florida Statutes).

There are many other instances when fees may be recovered—these are just a few among potentially hundreds. Each case is unique and has different requirements, and some fee awards are capped or left to the judge’s discretion. When you have a strong case, we will do everything legally feasible to shift attorney fees to the other party if you ultimately win and the other party has assets.

Below is a picture of some old-time legal payments: cattle.

Talk to Us About Your Case and Fees

Please contact us to discuss your case and how fees would work. Call 850-567-8445, email Info@woodringlawfirm.com, or use the contact form on this page.

Common Questions

How does Woodring Law Firm charge for its work?

We handle cases using hourly rates, fixed fees, or contingency fees, depending on your case. Under each arrangement the client is responsible for the costs and expenses of the case in addition to the attorney fee. The payment terms and conditions will always be explained before we agree to take your case.

What is the American Rule on attorney fees?

The American Rule states that each party in a dispute pays its own attorney fees, regardless of who wins or loses. It is the default rule in most legal cases.

Can I make the other side pay my attorney fees in Florida?

Sometimes. You can generally recover your attorney fees from the losing side only if a contract, a statute, or a court rule provides for it. Examples include a contract that provides for prevailing party fees, a successful challenge to a state agency rule, and a constitutional challenge under 42 U.S.C. § 1983.