Will I be reimbursed for my attorney fees and costs if I win?
That’s probably the most common question asked of attorneys.
In Florida, you either have to have a contract provision that specifically says that attorney’s fees can be recovered, or a statute (if there is one that applies) must mention that attorney’s fees are recoverable.
Otherwise, the only way to get them is to do such things as a formal Offer of Judgment in the middle of a suit, hoping that the party takes the proposed deal. If a party does not accept an Offer of Judgment, and a court later determines after final adjudication that the party receiving the offer should have accepted the Offer – that could trigger attorney’s fees.
[Legal sources: Offers of Judgment are addressed in Florida Statutes 768.79, and there is a corresponding Florida Rule of Civil Procedure that applies to them as well. Florida Statutes 57.105 also provides for attorney’s fees when there is sanctionable conduct by an attorney or litigant.]