Mixing up attorney’s fees and litigation costs is one of the most expensive mistakes you can make in Florida civil litigation. Attorney’s fees are what you pay your lawyer for their time and expertise, and they’re only recoverable if a statute or contract specifically allows it. Costs, on the other hand, cover expenses like filing fees, subpoenas, and court reporters, and are generally awarded to the prevailing party under Fla. Stat. § 57.041.
Florida law is clear: unless your contract or a statute says otherwise, you cannot recover attorney’s fees from the other side. Costs are a different story—these are typically recoverable, but you must follow strict procedures. Fla. R. Civ. P. 1.525 requires you to file a motion for fees and costs within 30 days after the judgment. If you miss this deadline, you may lose your right to recover thousands of dollars.
Many litigants fail to plead for attorney’s fees in their initial complaint or answer, which can bar recovery later. Others lump fees and costs together, risking denial of both. Our firm sees these errors regularly. Knowing the difference and acting fast can mean the difference between a full recovery and leaving money on the table.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
