Litigation
Jun. 27, 2012
Attorney fees provision may not be as powerful as you think
The more frivolous the case, the more likely a voluntary dismissal before trial, and the more frustrating an inability to recover fees will seem. By Dan Chammas and Noah Steinsapir of Venable LLP
Defendants who are sued for breach of contract often take comfort in the fact that the contract contains a provision that will award them attorney fees if they prevail in the action. The more frivolous the action, the more confident a defendant may feel, as an attorney fees award will seemingly accompany a final judgment. But if a plaintiff voluntarily dismisses his case before trial, a defendant may "feel&qu...
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