Florida law obligates condemning authorities to be responsible for a court determined amount of attorney fees which Fixel & Willis will accept as full payment for representing its clients to secure their compensation for property acquired and damages to remaining property. Clients with these real estate claims will not receive a bill and will not be responsible for paying Fixel & Willis for pursuing these claims.
This policy of Fixel & Willis is based on Florida constitutional law which recognizes that full compensation received by those property owners subject to the eminent domain process should not be diminished as a result of property owners having to pay attorneys’ and experts’ fees and costs. In contrast, because the Florida constitution does not recognize business damages as part of full compensation, condemning authorities are not responsible in some circumstances for sufficiently paying Fixel and Willis for legal services directed to adequately prepare and timely submit business damage claims. In those circumstances, given the anticipated complexity and significant time necessary to prepare a compelling business claim, the business may be responsible for paying Fixel & Willis no more than a ten to fifteen percent portion of only its business damage recovery, with the understanding that there will be no fee if no business damage recovery occurs. Again, as to real estate claims, clients of Fixel & Willis will not be responsible for paying Fixel & Willis anything.