I think that most people would agree that if a frivolous lawsuit which is lost at trial that the other person should have to pay the attorney’s fees of the person that they sued. It’s kind of an easy call. And, if you listen to politicians talk they think that every case is a frivolous lawsuit if you lose and that’s just not the case. It’s just not true at all.
In Florida we have a system, where under two conditions you can be ordered to pay the other person’s attorney’s fees and costs.
1) You sue someone for negligence and you go all the way to a jury trial and the jury returns a verdict saying that they weren’t negligent. They were not at fault. In that situation you lost so you can be ordered to pay their attorney’s fees and costs.
2) If they make an offer to settle and the jury gives you a verdict that you won, they are at fault but they don’t give you enough money to come within a certain percentage of what they offered to settle with you before the verdict, then you can be ordered to pay their attorney’s fees in that situation as well.
I am very careful with every client to make sure when we file a lawsuit that we are going to do our very best to never put a client in that position and that everyone understands exactly how the system works and in fact we give it to you in writing so there is no misunderstanding about it.