Attorneys fees are one of the most common types of relief asked for with the request appearing in almost all court cases. However, to get the fees they must be included in the original pleading or else lose the ability to request them. But there are a couple of ways around this rule. If the opposing party has notice fees have been requested, then ratification is considered to have occurred and the fees may be awarded. The second way involves the dismissal of the suit before an answer by the defense has been delivered; in that case, the defendant must request the fees within 30 days or lose the right. While the above rules are from Florida, many states are likely to follow the same procedure so always make sure to include request for attorney fees or else risk the consequences.
See Brian Spiro, Entitlement to Attorney’s Fees in Trust Contest Must Be Properly Plead, Clark Skatoff, July 14, 2015.
