Posted on February 6, 2017 by Julie Brook, Esq.
It’s like magic: California’s CC §1717 transforms a unilateral attorney fee provision in a contract into a reciprocal one! When the contract provides for attorney fees to either a particular party or the prevailing party, the prevailing party “on the contract” is entitled to recover reasonable attorney fees regardless of whether that party was the party specified in the contract. But taking advantage of this statute depends on meeting the following five requirements. Continue reading
Filed under: Business Law, Civil Litigation, Legal Topics | Tagged: attorney fee award, attorneys fees, Civil Code 1717, contract provision, contractual attorney fees, reciprocal attorney fees | Leave a comment »
Posted on October 5, 2015 by Julie Brook, Esq.
An attorney drafting an agreement has an obligation to represent the client zealously and to prepare a contract that maximizes the client’s legal and business advantages. But does this mean that an attorney may include provisions that are extremely onerous to the other side? Continue reading
Filed under: Business Law, Legal Ethics, Legal Topics, Practice of Law | Tagged: attorney ethics, contract, contract drafting, contract provision, unconscionability, unfair contract | 2 Comments »
Posted on April 24, 2015 by Julie Brook, Esq.
When you’re negotiating and drafting a contract, your client may be excited and focused on the positives, but you have to keep your eye on the dark side, i.e., the consequences of a breach. Consider bargaining over favorable damages provisions—just in case. Continue reading
Filed under: Business Law, Legal Topics | Tagged: breach of contract, contract drafting, contract negotiation, contract provision, damages, guarantor, indemnity, insurance, remedies, surety | 3 Comments »