In the paragraphs below, breach of contract attorneys in Arlington discuss how the payment of attorneys’ fees may be handled in business contracts.
In a normal lawsuit, it is usually understood that both prosecution and defense will be responsible for the fees charged by their respective counsel. A contract between individuals or organizations can present a different set of circumstances. One of the provisions that can be included in the contract is a stipulation as to who must pay any fees charged by the attorneys, should the terms of the contract be violated by one side or the other and legal proceedings ensue.
In setting up an attorneys’ fees clause in a contract, breach of contract lawyers in Arlington might phrase the provision such that the party that loses the lawsuit is responsible for payment of litigation and court costs, legal fees and other ordinary and required expenses. This is referred to as a mutual provision. The attorneys may suggest placing such a clause in a wide variety of contracts, as opposed to the one-way provision which can often be prejudicial to one side or the other.
The various types of costs that breach of contract lawyers in Arlington might deem applicable under an attorneys’ fees provision in the contract might be as follows:
• Court-related fees, including charges for issuing and serving summonses and subpoenas, case file paperwork such as complaints, pleadings and other documentation and jury fees.
• Incidental expenses might include charges for copies of various documents and the like incurred by the opposition or by your breach of contract attorneys in Arlington.
An attorneys’ fees clause does not necessarily guarantee that legal fees will be assigned to the loser if the court feels that that is not correct or that the contract is prejudicial against one side. The court does have the option of evaluating a contract and making adjustments in order to ensure that the agreement is equitable to all parties concerned. This includes determining whether or not to enforce an attorneys’ fees clause if the judge deems that the clause ought not to be enforced.
Be sure that the terms of your contract are spelled out with fairness and clarity. Contact your breach of contract attorneys in Arlington by calling the Schiffman Law Office, P.C. at (602) 266-2667 without delay.