Prevailing Party Attorney Fees – The Devil is in the Details  

 

 

 

Wednesday, July 23, 2025

12:00 - 1:00 p.m.

Via Zoom  

 

It is axiomatic that the American Rule requires that litigants pay their own fees, unless an exception applies. Perhaps the most common exception exists where the applicable contract contains an attorney fees provision. That said, the existence of a fee shifting provision is only the starting point. It is crucial, and sometimes overlooked, to examine the specifics of the language within the provision. This course will explore the differences in drafting that practitioners may come across. The distinctions may make the difference in determining who should be declared the prevailing party and, importantly, for which claims – just the contract claims or should any tort claims also be included? Developing a further knowledge of contractual fee provisions can lead to more informed strategic decision-making during litigation, which can help you better guide your client from the outset, and can help you to guide the court toward the correct interpretation of a given fee provision.  

 

Speaker:

Thomas Werge  

 

Cost:

Free- Litigation Section Members

$10.00- Non Section Members  

 

Applied for 1 General Credit