Attorney Michael Campbell Explains The Value Of An Attorney Fees Provision In A Contract Or Existing Law
In Washington, winning a lawsuit doesn't automatically get your attorney's fees paid, explains Pierce County attorney Michael Campbell. Fee recovery usually requires a contract clause making the loser pay, since only rare statutes authorize it. Such clauses add value beyond cost-shifting—they also discourage frivolous suits—so a well-drafted contract should address fees one way or the other.
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Answered by Michael Campbell · Pierce County, WA
Highlights
Frequently Asked Questions
Does winning a lawsuit get your fees paid?
Not automatically in Washington—fee recovery usually requires a contract clause making the loser pay, since only rare statutes authorize it.
What does a fee provision accomplish?
It lets ordinary people enforce their rights and discourages frivolous suits, so a well-drafted contract should address fees one way or the other.
When might you skip a fee clause?
When you're the smaller party, since a 'loser-pays' clause can leave you owing large fees if a well-resourced opponent prevails.
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