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(5) In administrative proceedings under chapter 120, an administrative law judge shall award a reasonable attorney's fee and damages to be paid to the prevailing party in equal amounts by the losing party and a losing party's attorney or qualified representative in the same manner and upon the same basis as provided in ...
Lastly, Florida case law recognizes the Wrongful Act Doctrine, which allows a party to claim attorneys' fees as damages in separate lawsuit that were caused by the wrongful conduct of another party.
In Florida, attorney's fees are generally recoverable by the winning party if they are allowed by agreement such as in a written contract or by law in a statute. This protocol is commonly called the American Rule because it modified its cousin, the English Rule, which awarded fees to the winner in all civil cases.
Legal fees are most commonly used to describe the fees paid to the attorney for his/her time and effort. Fee structures for attorney vary significantly based on the region and type of case.
The strongest and best evidence of an attorney's market rate is the hourly rate he/she charges clients, and the ?reasonably hourly rate is the prevailing market rate in the relevant legal community for similar services by lawyers of reasonably comparable skills, experience, and reputation.? Id. (quoting Norman v. Hous.
§2.20 a. California Law. Attorneys representing themselves in litigation are not eligible to recover attorney fees for their own services under either fee-shifting statutes or contractual fee clauses.
The tort of another doctrine is an exception to the ?American Rule? which allows for recovery of attorney's fees which are incurred as a result of another party's wrongful actions.
Florida Statutes Section 768.79 encourages settlement of claims by providing an attorney fee shifting mechanism in instances where the defendant makes an offer of judgment to the plaintiff, and the ultimate judgment is one of no liability or the plaintiff obtains a judgment that is at least 25% less than the amount of ...