Safety Harbor, FL asked in Contracts and Business Law for Florida

Q: As a designer, can I write in contract that client is responsible for my lawyer fees if they try to take me to court?

As a freelance graphic designer is it okay for me to write in my contract that the client will be responsible for any fees or lawyers that come from them suing me?

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1 Lawyer Answer
Michael  Mayoral
PREMIUM
Michael Mayoral
Answered
  • Coral Gables, FL
  • Licensed in Florida

A: Yes, you absolutely can. However, be aware that under Fla. Stat. 57.105(7):

"(7) If a contract contains a provision allowing attorney’s fees to a party when he or she is required to take any action to enforce the contract, the court may also allow reasonable attorney’s fees to the other party when that party prevails in any action, whether as plaintiff or defendant, with respect to the contract. This subsection applies to any contract entered into on or after October 1, 1988."

Which means that if you put in such a clause and the other party sues you for breaching the contract, they could be entitled to attorney's fees against you. The best advise I can give other than that is to consult with a business attorney who can draft up the contract to your liking.

Charles M. Baron agrees with this answer

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