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  • Attorneys Fees Clause - Attorney Aaron Hall
    An Attorney's Fees Clause specifies which party pays legal fees if a dispute arises and designates the "prevailing party" to recover costs Including this clause in contracts helps deter frivolous lawsuits and promotes fair negotiation between parties
  • Providing for Attorney Fees in a Contract - OFlaherty Law
    Attorney fee clauses provide that if either party to a contract successfully pursues or defends a cause of action for breach of contract, the losing party will pay the winning party’s attorney fees Attorney fee clauses are important for two reasons: (1) they deter frivolous or questionable lawsuits; (2) they allow meritorious lawsuits to be
  • LITIGATING ATTORNEYS’ FEE CLAIMS – PROVING REASONABLENESS AND . . .
    rule allows a court to award attorneys’ fees to the prevailing party where the wrongful act of the defendant thrusts the plaintiff into litigation with a third person; the plaintiff may recover from the defendant the expenses incurred in conducting the litigation against the third party, including attorneys’ fees)
  • UNILATERAL ATTORNEY’S FEES CLAUSES: A PROPOSAL TO SHIFT TO . . .
    In the event of a contract dispute, unilateral attorney’s fees clauses significantly influence the course of litigation The advantaged party aggressively pursues litigation due to its ability to recover attorney’s fees The disadvantaged party, on the other hand, is deterred from pursuing a claim or asserting a defense to the lawsuit
  • When Do Unilateral Attorney’s Fees Provisions Become Mutual?
    Courts in many states will blue pencil a unilateral attorney’s fees provision to make it bilateral, such that the “prevailing party” in a contract action can recover fees
  • Attorneys Fees Provisions in Contracts - Nolo
    Just because you include an attorneys' fees provision in your contract, you shouldn't assume that the clause will be enforced if a lawsuit arises and one side tries to get their legal costs reimbursed by the other
  • Strategic Considerations in Prevailing Party Attorney Fees . . .
    Deciding whether to include a prevailing party attorney fee clause in a business contract requires an understanding of the general principles that will apply when your client, or the opposing party, invokes the clause and seeks fees





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