Need for Attorney’s Fees Provision in Contract
A recent article explaining the fact that a plaintiff won a large judgment in a breach of contract case to only go on to explain that the attorney’s fees in the case at the time of trial were more than the amount of the damages for the breach of contract, is a good reminder to clients and georgia business lawyer that attorney fees provisions in contracts are very important.
The underlying case involved a bank and a water distribution company fighting over a contract with a customer the bank foreclosed on and whether the plaintiff had a right to receive the product under teh contract even though the bank foreclosed. The bank apparently had a better deal and decided to reject the contract offer from the plaintiff. The plaintiff’s attorney was frustrated given the fact the contract specifically called for his client to receive the product and could not imagine why the case would not settle. As an atlanta business litigation lawyer, I know how hard it can be when the other side simply refuses to see the writing on the wall and instead wants its day in court. Unfortunately, this is part of our legal system and nothing can be done to protect a client from large fees and expenses when a defendant decides to take a case to trial other than to have specific provisions in the contract that calls for the award of attorney’s fees to the prevailing party at trial.
As trial lawyers, it is always important to review the underlying contract for such attorney’s fees provisions in order to asset the client’s rights to same should they prevail at trial.
