In the United States, the default is you pay your own attorney fees. Unless there is a statute or a contract the default applies. Litigators in Florida are not shy to seek fees from the other side. But how do we let the other party know that we will be seeking fees from them? This topic is the subject of massive disagreement that has reached the Florida Supreme Court where currently three cases are pending.

Three popular rules or statutes are used to shift fees: proposals for settlement (PPS) under Fla. R. Civ. P. 1.442; offer of judgment (OJ) under Fla. Stat. Section 768.79; and the sanctions rule of Fla. Stat. Section 57.105. Each rule has its particularities, but they all require that the document be “served” on the other party.

What Is Service?

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