FLORIDA ATTORNEY FEES
When drafting contracts in Florida always ensure you provide for the correct attorney fee clauses. This ensures you can recoup your attorney fees and costs if there is a dispute over the contract or agreement.
Florida generally follows the rule that each side pays its own fees unless a statute or contract
says otherwise. That makes a fee provision valuable, and Florida courts enforce them closely.
An example of an attorney fees clause I would use in Florida is “In the event of any mediation, litigation or arbitration arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees and costs, including fees incurred on appeal, from the non-prevailing party.
Key points to remember are;
• Florida courts require reciprocal fee language for it to be enforceable. Fla. Stat. § 57.105(7) makes a one-sided fee clause reciprocal automatically, but many drafters still write it mutual for clarity.
• Specify whether fees cover mediation, appeals and arbitration, not just trial court litigation.
•the term “prevailing party” can be contested — some drafters define it explicitly, such as “the party obtaining substantially the relief sought”.
Recouping your attorney fees and costs is a consideration in any dispute. Ensure your contracts are drafted correctly. If you have any questions, you can contact Kelli directly at (615) 567-7304 or by email at kelli@khalawgroup.com.
Note: This is general information, not legal advice. Have a Florida licensed attorney
review any clause before use.
