Since the beginning of the case, you have advised your clients: “Don’t worry, if we win, the opposing party will have to pay your costs and (if applicable) attorneys fees”.

Sound familiar? You have based this advise either on a statute, rule, or contract. Or, perhaps the opposition has just dismissed its case, and you know that the court must award you costs and possibly attorney’s fees. [See my article in last month’s Barrister].

Now, you have just won the case or the other side has dismissed its case against your client. Whoopee! Clearly, then you are entitled to a judgment for costs and possibly attorney’s fees. Right? Since January 1, 2001, the answer to this question has been not necessarily. Now, instead of an absolute right to such a judgment, the right has become conditional.

On that date, the Florida Supreme Court made effective Rule 1.525 Fla.R. Civ.Pro. The Rule mandates you to file your motion for attorney’s fees and costs “within 30 days after the filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal.”

Imagine, after advising your clients that they would be receiving a judgment for costs and attorney’s fees if they won, the agony of having to pick up the phone to tell them that they waived their entitlement to them because you didn’t timely apply for them. Don’t let this happen to you. Please remember the 30-day time limit Rule 1.525 imposes. By doing so, you can avoid a nightmare.