Kentucky Jury Instruction - 6.1 Attorney's Fees And Court Costs In General
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FAQ
Attorney fees sought as damages are recoverable when they are proximately caused by the breach of contract, as opposed to attorney fees sought as costs of suit.
The basic format in the Texas Pattern Jury Charges to submit a breach of contract is to ask, as needed, whether the parties had an agreement and whether one or both of the parties failed to comply with the agreement.
If a contract includes a prevailing party provision that allows for the recovery of attorneys' fees, Texas courts will typically enforce that provision if it is clear and unambiguous. This means the prevailing party may be able to recover their legal expenses regardless of whether they prevailed on all their claims.
In Florida, attorney's fees are generally recoverable by the winning party if they are allowed by agreement such as in a written contract or by law in a statute. This protocol is commonly called the American Rule because it modified its cousin, the English Rule, which awarded fees to the winner in all civil cases.
Prevailing Party Attorneys' Fees Clauses. In Kentucky, attorneys' fees are not recoverable as a cost or damage in the absence of a statute or an express contractual provision.