
Are Your "Attorneys' Fees & Costs" Provisions Effective?
By Joshua Logan, Esq. You've seen those provisions in just about every contract you've read, right? The ones that say that whoever loses in litigation has to pay the winning party's attorneys' fees and legal costs? Sure, we all have. As any contract lawyer who litigates will (should) tell you, these provisions often don't have any teeth to them because 1) over 95% of commercial lawsuits settle before a verdict is ever returned, often leaving the parties to agree to pay the