Attorneys Fees are the Exception Not the Rule

Whether you are suing or being sued, it is important to have a frank discussion with your attorney about the cost of the lawsuit. Even if you are being sued frivolously, there is no guarantee of recovery of your attorneys fees. You have a better shot at recovering costs, but costs are minimal compared to attorneys fees. The American Rule is that each side bears their own fees unless there is a statute or contract that provides for fees to the prevailing party. And even with a statute or contract that provide for fees, many cases are left to the judge's discretion.

There are techniques to increasing the possibility of recovery and it is important you talk with your attorney about those strategies.

Write Contracts to Accomplish Your Objective

All too often, contracts are written without careful review or tailoring to the business relationship that the contract is meant to embody. Also, thought is not given to language to address potential disputes that may arise and how they can be resolved in a cost effective manner. The main benefit of memorializing the agreement is that it reduces, but does not eliminate, ambiguity as to the material terms. Once the basic terms have been identified, it is important to think through the life cycle of the relationship to ensure that timeframes, implementation and essential procedure is discussed and understood. Questions that are important to discuss with your attorney are whether to agree to alterntative dispute resolution, rather than traditional litigation, and also how to ensure that venue for any action would be in a convenient location.