Submitted by John Wade Gaddis
In virtually every transaction, if there is a dispute and a party has to litigate to enforce the agreement, he wants to recover the attorney fees and costs that he had to pay. It seems self evident that the prevailing party should recover the fees that he paid. In most circumstances, if you have not drafted an attorney fees provision into your agreement, you cannot recover the fees incurred in litigation.
The cost of litigation is high and because fees cannot be recovered in the absence of an attorney fee provision in the contract, many clients end up deciding not to enforce the contract — even when it creates a tremendous hardship. This is why it is critical to have a well thought out agreement that includes provisions defining how you will enforce the agreement. We can help draft your next contract and/or review it BEFORE you sign it.