Q: Q: If I have to hire a lawyer to file a breech of contract can I include the lawyer fees as a cost?
An agreement was reached for settlement to include a lump sum and to turn over all clients and files by a certain date. 2 1/2 years later all of the clients have not been turned over and no files were returned. I have to hire a lawyer to file a breech of contract. Do the legal fees have to be paid by the defendants since they are in breech?
A: Generally speaking the winning party in a lawsuit does not get attorney fees. An exception to this general rule is when such fees are expressly agreed to by the parties. In the scenario you describe it would be good to look at the underlying contract/settlement to see what it says about attorney fees in event of breach. If a controlling contract says the breaching party pays attorneys fees then yes, they are generally recoverable in the lawsuit.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
