Mutuality of Obligation under Florida Statute 57.105(7)

Florida Statute s. 57.105(7) provides: “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.”  Fla. Stat. s. 57.105(7).

Parties argue this subsection (7) to create a reciprocal basis for attorney’s fees under the argument “mutuality of obligation.”

A recent case dealt with attorney’s fees being awarded under s. 57.105(7) under a law firm retainer agreement. Fees were awarded to a client under the retainer agreement based on this subsection.  This was reversed because there was NO mutuality of obligation, meaning there was no basis to award fees to the client:

The retainer agreement limits any recoverable fees to those awarded to the Firm in collection actions or owed to the Firm if [client] elects not to pursue a lawsuit the Firm filed. It is silent on prevailing party attorney’s fees for contract enforcement. Because the plain language of the agreement does not provide for such fees, the trial court erred in finding [client] entitled to an award of attorney’s fees under the agreement or section 57.105(7). 

Libman v. Cardiovascular Mobile Service, Inc., 51 Fla.L.Weekly D178a, n.2 (Fla. 3d DCA 2026).

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.