Attorney fee awards after SB 68
No double recovery of attorney fees and expenses.
Last updated: October 6, 2026
What changed
When a statute allows a court or jury to award attorney fees and litigation expenses, they can be recovered once for the same work, not twice under two different statutes, unless a statute clearly allows it. A contingency fee agreement can’t be used as evidence that a fee award is reasonable.
A party asks for attorney fees for bad faith and again for refusing a reasonable settlement offer, for the same hours. Under the new rule, the same work is paid only once.
Illustration only, with made-up facts. Your case depends on its own facts.
Official sources
Look up each section in the Official Code of Georgia Annotated (free public access). Laws change; always read the current text.
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