Chapter 17-1 Introduction
17-1 Introduction
17-1:1 The "American Rule" on Attorney's Fees
In Florida, the general rule is that attorney's fees may be awarded to a party in a lawsuit by a court only when authorized by statute or by agreement of the parties.1 This is referred to as the "American Rule." It applies throughout most jurisdictions in the United States, which have rejected the English rule permitting the award of costs and fees to the prevailing party under common law.2 An award of attorney's fees is in derogation of the common law.3 Furthermore, it is well...
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