Think winning your Florida lawsuit means you automatically get your attorney’s fees? Not so fast. Florida courts require a strict two-step process: first, you must prove you’re entitled to fees, then you must fight for the amount. This distinction is critical—missing either step can cost you thousands.
Entitlement is not assumed. You must point to a statute, contract, or court rule that authorizes fee recovery. Florida Statute § 57.105 allows fees for frivolous claims, while § 768.79 covers offers of judgment. Fla. R. Civ. P. 1.525 sets the deadline for filing your fee motion—usually within 30 days after the final judgment. If you miss this window, your claim for fees may be lost forever.
Once entitlement is established, the court scrutinizes the amount. Judges review billing records, hourly rates, and whether the work was necessary and reasonable. Overbilling, vague entries, or undocumented hours can lead to reductions. The fight over fees is often as intense as the lawsuit itself. Our firm helps clients avoid technical missteps and maximize their recovery.
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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
