Attorney's Fees Clauses in Florida
An attorney's fees clause shifts the cost of legal fees to the losing party in a Florida contract dispute. These provisions override the default American Rule (each party pays their own fees) and significantly impact litigation strategy and settlement calculations.
Reciprocity
Florida Statute Section 57.105(7) makes all contractual fee-shifting provisions reciprocal. Even if the clause awards fees only to one party, the other party can recover fees if they prevail. This ensures that fee-shifting clauses cannot be used as one-sided weapons in Florida contract disputes.
Calculating Fees
Florida courts apply the lodestar method, multiplying reasonable hours by a reasonable hourly rate, then adjusting for the Rowe factors. The prevailing party must submit detailed billing records showing the time spent, tasks performed, and rates charged. Courts may reduce awards for excessive, redundant, or unnecessary time entries.
Related Terms
Barnes Walker Litigation
Barnes Walker recovers and defends against attorney's fee claims in Florida litigation. Contact us for guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC