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Section 14 · Risk Reduction

14.24 Attorney’s fees

1 min readLast updated: edition

Attorney’s fees, unless authorized in the contract or by statute, are usually not recoverable. The contract should state that attorney’s fees would be due to the prevailing party for any action brought in a trial court, or any appeal resulting from the trial. Many plaintiffs, although they may be able to recover damages for a breach, cannot afford to bring the action to recover them because the cost to pursue, without an attorney’s fee clause, may be more than the damages that may be recoverable.