Before you sue someone, it may be prudent to consider potential litigation fees and costs. This is because, unless your claim arises from a Florida statute or contract that entitles you to recoup attorney fees, each side will bear their own regardless of who prevails. Thus, you may find that prevailing in court results in the type of victory lamented by Plutarch during the Pyrrhic war: “if we are victorious in one more battle with the Romans, we shall be utterly ruined.”

Ask yourself this question: If I wound up in a lawsuit, would I want there to be a basis for legal fees to be awarded to the prevailing party? Of course, if you expect to prevail in future lawsuits, then the answer is easy. But, few truly know what tomorrow brings and simply hoping that your side will prevail in future lawsuits is likely just wishful thinking. So, to help mitigate the risk of an uncertain future, it may be helpful to consider various legal fee language to insert into some of your business’ most important documents—its contracts.