Attorney’s Fees or No Attorney’s Fees That is the Question

Attorney’s Fees or No Attorney’s Fees That is the Question

Clients often wrongfully assume that if they are successful in a lawsuit, that they have the right to recover attorney’s fees.  That is not the case in Florida.  Florida follows the American Rule in that attorney’s fees incurred while prosecuting or defending a claim are not recoverable in the absence of a statute or contractual agreement authorizing their recovery.  What exactly does that mean?  With respect to contracts, if the contract contains a prevailing party attorney’s fees provision, then you may recover your attorney’s fees if the court determines that you are the prevailing party.  Depending on the nature of the dispute, there may also be a Florida Statute that provides for an entitlement to attorney’s fees for the prevailing party. For help or additional assistance in relation to litigation and real estate matters, please contact us at: Hiller Law, P.A. Douglas C. Hiller, Esq. 3132 Ponce de Leon Blvd. Coral Gables, FL 33134 www.dhillerlaw.com Contact Information: Phone: (305) 456-4607 Fax: (786) 441-4337 Email: info@dhillerlaw.com