This is probably one of the most often asked questions of me when I start my review of a breach of contract case.
Whether a case proceeds to litigation often depends on the ability to recover the cost of attorney’s fees from the opposing party. I often see businesses or individuals that are owed $20,000 or less from someone who did not pay for the services or did not pay on a loan. Securing the recovery of this money may be critically important to the financial success of the business or individual. In these situations, adding the cost of legal fees to the monthly expenses is burdensome and difficult to cover while a collection lawsuit is ongoing. So what they want to know is whether that extra expense for legal fees going to be paid by the defendant when collection of the judgment is secured.
So the answer to the question to the question depends on whether the contract provides for the recovery of legal fees, or whether some law states that a prevailing party will recover attorney fees. So looking to the contract first, and to the law second will answer the question for your specific circumstances. Consulting with a good contract litigation attorney, such as David H. Ricks & Associates, can help you find out the answer to your breach of contract question.