Attorney Fees

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 before we agree to take your case.

Basic Information About Paying Attorney Fees

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 their 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.

You are often entitled to recover your attorneys’ fees from the losing side only if: a contract provides for prevailing party fees; you are a small business and 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 opposing side rejected; or if a specific statute, such as the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), the Federal Electronic Data and Communications Privacy Act (EDCPA), or the Federal False Claims Act (FCA), provides for fee recovery.

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, but when you have a strong case, we will do everything legally feasible to shift attorney fees to the other party if they have assets, when you ultimately win. Please contact us to discuss.

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