Erik Hanson, Philip Hammersley, Darren Inverso and Derrick Maginness, of Norton, Hammersley, Lopez & Skokos, P.A.
Photo by Enrique Pino
Avoiding Costly Misunderstandings about Attorney Fees By Sue Cullen Attorney fees can become a significant factor in any legal dispute, and common misconceptions about how, and by whom, those fees are paid can be costly. Avoiding unpleasant surprises should a dispute arise requires thoughtful consideration ahead of time and sensible advice from experienced litigators. Many people assume that the prevailing party in a dispute will recover attorney fees, but that
law firm concentrating in business, tax, real estate, trial practice, and dispute resolution.
is often not the case. In Florida, the general rule is
Even when a contract is in place that addresses
for each party to pay its own attorney fees unless
payment of fees, that is not a guarantee. When de-
there are statutory requirements regarding allo-
ciding whether one party should be able to recover
cation of attorney fees or if a contract is in place
those fees, the court will determine whether the
outlining who pays. “I’ve had several clients who
contract provision is written in a way that makes it
thought the opposing party would be paying their
enforceable. The prevailing party also must prove
fees. In reality, the question of who pays attorney
that those fees are reasonable. “It is a decision on
fees can be an entirely separate matter at the end
the part of a judge regarding what is reasonable,”
of the game,” said attorney Phil Hammersley, a
Hammersley said, “and people have to understand
shareholder of Norton, Hammersley, Lopez and
that in all likelihood they are not going to be made
Skokos (941.954.4691/nhlslaw.com), a Sarasota
entirely whole. ”In some instances, the courts have