Some Basics About Contractual Attorney Fees

Some Basics About Contractual Attorney Fees

When going to court, there will be attorneys’ fees that each side must pay; however, a contract with an attorney’s fee clause can potentially requires the losing party to pay the winning party’s attorney’s fees.

Attorneys’ fees/costs may include filing fees, fees for serving a summons, complaint and/or other court papers, fees to pay a court reporter to transcribe depositions, fees to pay a daily stipend to jurors if applicable, fees for photocopying court documents, etc.

In California, it has been decided that one-way attorney’s fees are considered unfair, so they automatically convert one-way attorneys’ fees contract provision into a mutual provision.

Even if there is an attorney’s fees provision in your contract, it doesn’t mean it will be enforced. Courts judge contracts for fairness and will change the terms if they find there to be a fairer solution, such as changing the amount of fees to be paid or cancelling the requirement. However, if a judge finds the attorneys’ fees provision as fair and reasonable and agreed upon (without force) by both parties, he/she will likely enforce it.

The Naumann Law Firm represents homeowner associations, high/mid-rise condominium and condominium conversion associations, single and multifamily residential homes and commercial property owners in construction defect litigation.  The Naumann Law Firm has over 37 years of experience handling significant construction cases with complex issues.

If you need more information on construction defects, visit our construction defect litigation page. To contact us, call 844-492-7474 or visit our San Diego construction defect contact page.

We also practice Los Angeles construction defect litigation, Orange County construction defect litigation, Riverside construction defect litigation, and San Bernardino construction defect litigation.