Attorney’s Fees:

Question: Can I recover my attorney’s fees and costs for my case?

Answer: Whether you can recover your attorney’s fees and costs is determined on a case by case basis.  The requirement to pay attorney’s fees or collection costs can only be made in Court and enforced through a Court Order or Judgment.  Assuming that a lawsuit is filed, a party in Florida is awarded attorney’s fees in only two situations.  Either a written contract between the parties provides for the award of attorney’s fees or a Florida Statute or law provides that the prevailing party shall recover their reasonable attorney’s fees.  In all other circumstances, each party is to bear the cost of their own attorney. In this regard, Florida is different than some other States in which the prevailing party is automatically awarded their attorney’s fees.

Contingency Fees

Question: What are contingency fees and what type of cases do they apply?

Answer:  Contingency fees are a lawyer’s legal fees that are paid from the proceeds of monies that the lawyer may obtain for you.  If there is no recovery then no legal fees are owed to the lawyer.  The popular misconception is that contingency fees can apply to all legal cases which is not true.  The common percentage charged is 33% if no lawsuit is filed and 40% if a lawsuit is required. Ethically, lawyers are prevented from handling family law or divorce cases on a contingency basis. Likewise, if the legal matter does not involve the recovery of money, a contingency fee would not be applicable.  The contingency fee arrangement is intended for personal injury cases or insurance claims.  General collection matters that require the filing of a lawsuit and continued litigation are generally handled on a hourly fee basis. 

Free Consultations

Question: Does your office provide free consultations?

Answer:  Yes. There are only two reasons for the initial client consultation.  First, you will have an opportunity to meet with us to evaluate whether you would like us to help you with your legal problem. Secondly, during the client consultation, this office will assess whether we can help you and are able to take your case. As such, the initial consultation should take no more than 10-15 minutes. Please note that a free consultation does not mean free legal advice.  We have found that many people have the impression that a free consultation means that they will receive free legal advice to solve their problem. We cannot give you legal advice, opinions, review documents or conduct legal research without being formally retained and paid for our services.  If you should need such immediate assistance beyond the initial client consultation, we are willing and able to help you at our normal hourly rates for the legal services performed.

Guaranteed Results

Question: If I use your law firm, can you guarantee that I will win my case or that you will collect all of my money for me?

Answer:  No. A lawyer in Florida cannot ethically guarantee a client that he or she will win a case, collect your money, or obtain a certain result. Every case is different and there are many factors outside of the lawyer’s control that effect a result on any given case. 

How Much Will My Case Cost?

Question: How much will my case cost before it is over?

Answer: It is unknown how much your case will cost as each case is unique. Unless you have a standard transaction (incorporation), there is no telling how much any given case will cost.  No two cases are alike and different people and lawyers react in different ways to demands and lawsuits.  Some people prefer to settle problems before they get out of hand and become expensive. Some parties on the other hand will delay the proceedings and then settle while others will fight to the bitter end. The actions or inaction of the opposing side in a lawsuit determine what must be done in your case to bring it to a conclusion.  Obviously, a well fought Court battle will cost more in fees and Court costs than a settlement that is reached after a demand letter is sent.

Small Claims Court

Question: Do I need a lawyer to bring or defend a case in Small Claims Court?

Answer: No. The rules for Small Claims Court are relaxed to allow persons without legal experience to participate in Court.  However, that does not excuse disregard for those rules. For the most part, the Judge and the Clerks will help you process your claims and file any papers you may need to file. Please note however that the Judge and Clerks cannot give you legal advice. If you should have any questions, do not understand how to proceed, or if a lawyer is representing the other side, you are strongly urged to seek the help of a lawyer for your Small Claims Court case.