Ray Hrdlicka – Host – Attorneys.Media
“When there’s a dispute like this, how do you trigger an attorney’s fee clause? Is it only contractually, or is there… In Washington State, are there statues that trigger attorney’s fees provisions?”
Michael Campbell – Business Dispute Attorney – Pierce County, WA
“Sometimes there are statutes that particularly provide for attorney fees, in particular kinds of cases but those are probably fairly rare. And in Washington you’re not automatically entitled to attorney fees just because you win a case against somebody else. If there’s no contractual obligation to pay…for the loser to pay attorney fees, then the loser doesn’t have to pay attorney fees. They just lose on the other issues. There are situations where attorney’s fees are authorized by law, but mostly they’re authorized by contract.”
Ray Hrdlicka – Host – Attorneys.Media
“You know, it seems to me, just sitting here talking to you, it seems to me that if there’s no further protection in statutes, county, state, city regulations regarding attorney fees, if there’s a lawsuit under prevailing party or for the prevailing party, it almost seems to diminish the chance, prevent the opportunity, for people to exert, using your statement and your word earlier, protect their rights, and to enforce their rights. It almost seems like it’s a counter indication to the purpose of law.”
Michael Campbell – Business Dispute Attorney – Pierce County, WA
“It may sound that way, but it also serves another purpose. It helps to prevent frivolous lawsuits. Ah, I said, that’s the other thing that it does. And that’s why, when you’re going into any kind of arrangement with another party, be it an individual or a business, whether you’re a business or an individual, it’s a really good idea to have an attorney prepare a contract for you that’s complete and whole. One that really covers everything that can possibly be anticipated. At least we think that can be anticipated.”
Ray Hrdlicka – Host – Attorneys.Media
“You’re never going to know all of it, of course.”
Michael Campbell – Business Dispute Attorney – Pierce County, WA
“Exactly, and… and that it includes a provision for attorney fees. Or it states specifically that attorney’s fees are not to be granted. There might be a time when you don’t want to go into a contract with the prospect of attorney fees hanging over your head.”
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