Litigation
Aug. 30, 2011
Drafting a fee provision that pays
Awarding fees to the "prevailing party" can be a complicated matter. By Gail Kavanagh of Sedgwick LLP and Nora Wetzel
Samuel Goldwyn famously commented that "an oral contract isn't worth the paper it's written on." It turns out that, in some cases, the same can be said for attorney fee provisions in written contracts. Understanding why that is the case can help in drafting a more valuable fee provision.
Take the case of a seller, who spent months negotiating a written contract with the buyer. The agreement included an...
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