Over the years, as Commercial Litigation attorneys, when we have represented plaintiffs in a breach of contract cases, most times we have been successful in having the court award our clients their reasonable attorney fees. However, due to a new law, that has changed. Now, not all successful plaintiffs can recover these fees against all business entities.
The legislature modified the law regarding who can be liable for payment of attorney fees. As a result, judges, have determined that the new law does not allow a successful plaintiff to recover attorney’s fees against a limited liability partnership, a partnership or a limited liability company. Such a plaintiff can still recovery his/her fees against corporations and individuals.
We strongly encourage our business clients to insist on a prevailing party provision for the recovery of attorney fees in their contracts.
At the onset of a Commercial litigation case, one of the initial steps is to determine if the contract has a provision for the recovery of attorney fees. If so, we maintain the required file to support such a recovery.
All business litigation is difficult and stressful. Therefore, try to ease the burden by having the appropriate attorney fee provision in your contracts should aid in you recovering reasonable attorney’s fees by court order.
Our Commercial Litigation attorneys are here to help.
Mark A. Alexander
5080 Spectrum Suite 850
Addison, Texas 75001