How to Get Reciprocal Contractual Attorney Fees

ThinkstockPhotos-464825589It’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

3 (Selfish) Reasons to Draft Fair Contracts

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

7 Contract Damages Provisions to Bargain Over

break(great for any design)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

%d bloggers like this: