Attorney’s Fees Clause Information
An **Attorney’s Fees Clause** is a key risk management tool in contracts and legal agreements. It provides certainty about who will bear the cost of legal representation if disputes occur. The clause may specify that fees are recoverable for certain types of claims (e.g. breach of contract) or apply broadly to any litigation related to the agreement. Some contracts include “mutual” attorney’s fees clauses, ensuring either party can recover fees if successful, while others favor only one party, such as a lender or landlord. Courts generally enforce attorney’s fees provisions as written, provided they are clear and not contrary to public policy. The clause also helps protect the value of smaller claims by ensuring that successful parties can recover their legal costs.
Florida Legal Definition
In **Florida**, attorney’s fees are not recoverable unless authorized by statute or a valid contract. Under **Florida Statutes §57.105**, a court may award attorney’s fees to the prevailing party when a claim or defense lacks legal merit. When included in a contract, an **Attorney’s Fees Clause** is enforceable under **Florida Statutes §57.105(7)**, which provides that a unilateral attorney’s fee provision is automatically made reciprocal. This means that if one party (e.g. a landlord or lender) has the right to collect attorney’s fees, the other party (e.g. a tenant or borrower) has that same right if they prevail. Florida courts strictly construe such clauses, emphasizing the importance of precise drafting.
How It’s Used in Practice
In practice, **Attorney’s Fees Clauses** are commonly included in real estate contracts, leases, loan documents, and business agreements. For instance, a Florida real estate purchase agreement may state that the prevailing party in any dispute arising from the contract is entitled to recover reasonable attorney’s fees and court costs. In a landlord-tenant lease, the clause ensures that if one party breaches the agreement, the non-breaching party can seek reimbursement for the cost of enforcement. Attorneys often negotiate these clauses carefully to ensure fairness and compliance with Florida’s reciprocity rules. Without such a clause, each party would typically bear their own legal costs.
Key Takeaways
- An **Attorney’s Fees Clause** defines who pays legal costs in the event of a dispute or lawsuit.
- It may be unilateral (favoring one party) or mutual (applying to both parties equally).
- Under **Florida Statutes §57.105(7)**, unilateral clauses are automatically made reciprocal.
- Courts enforce these clauses if clearly written and not against public policy.
- Including this clause promotes fairness and discourages meritless litigation.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
Real Estate Attorneys
Business Attorneys
Litigation Attorneys
Inheritance Attorney
Inheritance Disputes
Estate Planning Attorneys
Inheritance Attorney
Probate Attorney
Probate & Trusts
Bradenton Probate Attorney
Sarasota Probate Attorney
Estate Planning Attorney
Contact Information:
Tel: 941-867-7818
Email: info@barneswalker.com
LinkedIn | Facebook | Instagram | YouTube | Reddit | X/Twitter
Trust • Experience • Results
Get started with Barnes Walker today.
Bradenton Office
3119 Manatee Avenue West
Bradenton, Florida 34205
Anna Maria Island Office
5203 Gulf Drive
Holmes Beach, Florida 34217
Sarasota – Ringling Office
1776 Ringling Boulevard
Sarasota, Florida 34236
Lakewood Ranch Office
9020 58th Drive East,
Suite 103
Bradenton, Florida 34202
Parrish Office
8405 U.S. Hwy 301 North
Suite 103
Parrish, Florida 34219
Barnes Walker, Goethe, Perron, Shea, Johnson & Robinson, PLLC is located in Bradenton, FL and serves clients through all of Florida and concentrated in and around Palmetto, Bradenton, Ellenton, Tallevast, Longboat Key, Sarasota, Terra Ceia, Parrish, Cortez, Myakka City, Bradenton Beach, Holmes Beach, Ruskin, Anna Maria, Sun City Center, Osprey, North Port, Wimauma, Venice, Laurel, Nokomis, Hillsborough County, Manatee County, Pinellas County and Sarasota County.
Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. See our profiles at Lawyers.com and Martindale.com
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE
THIS IS TO GIVE YOU NOTICE that Barnes Walker Title, Inc. is a separate entity from Barnes Walker, Goethe, Perron, Shea, Johnson & Robinson, PLLC (“BWGPSJR). However, BWGPSJR has a business relationship with Barnes Walker Title, Inc. Barnes Walker Title, Inc. is wholly owned in equal shares by two of the three principals of BWGPSJR, Garret T. Barnes and Adron H. Walker. As such it is not uncommon for BWGPSR to refer clients to Barnes Walker Title, Inc. Because of this relationship, any such referral will provide a financial or other benefit to those principals of BWGPSR.
Pursuant to 12 C.F.R. § 1024.15(b)(2) (2021), as a client of BWGPSR, you may be referred to Barnes Walker Title, Inc. for the issuance of a title insurance policy and other settlement services as part of BWGPSJR’s representation of you in connection with the settlement of your loan on, or the sale, purchase, or refinance of, your property.
THERE ARE FREQUENTLY OTHER TITLE INSURANCE AND SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
By using this website, you indicate that you have read the above Disclosures, and understand the business relationship between the separate entities Barnes Walker, Goethe, Perron, Shea & Johnson, Robinson, PLLC and Barnes Walker Title, Inc. and that the stated principals of BWGPSJR and Barnes Walker Title, Inc. may receive a financial or other benefit as the result of the referrals stemming from this business relationship.
© 1995- 2025 • Barnes Walker • All Rights Reserved • Directory • Site Map • Protected by PsyberEdge Strategies
Convenient offices throughout Sarasota and Manatee County, see our maps and directions to find the one nearest you.