Who Pays Attorney’s Fees in Florida? What You Need to Know Before Filing a Lawsuit

Author: Lindsay A. Compton

Date: February 2, 2026


One of the most common questions clients ask before filing a lawsuit is: “Will the other side have to pay my attorney’s fees?”

The short answer is: usually, no. The longer, and more important, answer is explained below.


The General Rule in Florida: Each Party Pays Their Own Attorney’s Fees
Under Florida law, the starting point is known as the “American Rule.” This rule provides that each party is responsible for paying their own attorney’s fees, regardless of who wins or loses the case. In other words, even if you are right, even if the other side acted unfairly, and even if you ultimately win, you are typically still responsible for paying your own lawyer unless a specific exception applies.


When Attorney’s Fees Can Be Recovered
Attorney’s fees may be recoverable only when they are authorized by a contract or a statute. To be considered authorized, it has to be explicitly written into the contract or statute. If a contract contains an attorney’s fees provision, under Florida Law, it is generally construed as mutual, even if it is written in favor of only one party. Learn more here.

Otherwise, Florida courts generally cannot award attorney’s fees.

Common Florida Statutes Allowing Attorney’s Fees

·     FDUTPA (Florida Deceptive and Unfair Trade Practices Act)

·     Landlord/Tenant disputes (in certain circumstances)

·     Bad faith insurance claims

·     Civil theft claims

Common Federal Statutes Allowing Attorney’s Fees

·       Fair Labor Standards Act (FLSA) in wage and overtime claims

·       Americans with Disabilities Act (ADA)

·       Civil Rights Act of 1871 (42 U.S.C. § 1983)

Even in the cases where the recovery of attorney’s fees is authorized, the recovery attorney’s fees are not automatic. Fees must be properly requested, proven, and approved by the court.

How Attorney’s Fees Work in Real Life
Even when a statute or contract allows attorney’s fees, there is an important practical reality many people don’t realize: Clients may have to pay their attorney first.

Attorney’s fees are typically awarded only after:

• The case is resolved, and

• A judge enters an order awarding fees.

This process can take months or years, especially if:

• The opposing party disputes the amount of fees; and/or

• The losing party files an appeal.

If an appeal is filed, attorney’s fees can be tied up for years, and there is never a guarantee they will be fully collected. Even if you ultimately win, by the time appeals are over, the other party may no longer have assets from which to collect.


The Practical Realities of Filing a Lawsuit
Before bringing a lawsuit, it’s critical to understand:

• Attorney’s fees often exceed the amount in dispute;

• Even “fee-shifting” cases still require upfront legal costs;

• Winning on the merits does not guarantee fast or full reimbursement; and

• Collecting a judgment can be as difficult as winning one.

Litigation is as much a financial decision as it is a legal one. A good attorney will help you evaluate not only whether you can sue, but whether it makes practical and economic sense to do so.


How Compton Law, P.A. Can Help
At Compton Law, P.A., we believe clients should understand the real costs and risks of litigation before moving forward. We take the time to evaluate:

• Whether attorney’s fees may be recoverable;

• How long recovery could realistically take; and

• Whether litigation is the most effective path to resolution.

If you are considering legal action and have questions about attorney’s fees, statutes, or contract provisions, we’re here to help.

Contact Compton Law, P.A. at (239) 268-4114 or use the link below today to schedule a consultation and discuss your options.