Attorney fees clause: Copy, customize, and use instantly
Introduction
An attorney fees clause specifies how legal costs, including attorneys' fees, will be handled in the event of a dispute or breach of contract. It ensures clarity about who will bear these costs, reducing uncertainty and potential litigation over expenses.
Below are attorney fees clause templates tailored to different situations. Copy the one you need, customize it, and add it to your contract.
Standard attorney fees clause
This clause provides a balanced, market-standard approach.
If any legal action or proceeding is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.
One-way attorney fees clause
This clause allows only one party to recover attorneys' fees.
If any dispute arises under this agreement, [specific party] shall be entitled to recover its attorneys' fees and costs, regardless of the outcome of the legal action.
Reciprocal attorney fees clause
This clause ensures both parties have equal rights to recover fees.
In the event of a dispute under this agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs from the non-prevailing party, provided such fees are deemed reasonable by the court or arbitrator.
Limited attorney fees clause
This clause caps the amount recoverable for attorneys' fees.
If any dispute arises under this agreement, the prevailing party may recover its attorneys' fees and costs, up to a maximum of [insert amount], regardless of the total legal expenses incurred.
Arbitration-specific attorney fees clause
This clause applies specifically to arbitration.
In the event of a dispute resolved through arbitration, the arbitrator shall have the authority to award attorneys' fees and costs to the prevailing party in accordance with the rules of [specific arbitration body].
Indemnity-related attorney fees clause
This clause ties attorneys' fees to indemnification obligations.
The indemnifying party agrees to reimburse the indemnified party for all attorneys' fees and costs incurred in connection with defending any claims covered by the indemnification provisions of this agreement.
Proportional attorney fees clause
This clause limits recovery to a proportion of the total judgment.
In the event of a dispute under this agreement, the prevailing party may recover attorneys' fees and costs in an amount proportional to the judgment awarded by the court or arbitrator.
Mediation-priority attorney fees clause
This clause awards attorneys' fees only if mediation fails first.
The parties agree to attempt to resolve disputes through mediation before initiating legal action. If mediation is unsuccessful and legal action follows, the prevailing party may recover its attorneys' fees and costs incurred in the litigation.
Attorneys' fees waiver clause
This clause waives the right to recover attorneys' fees altogether.
Each party agrees to bear its own attorneys' fees and costs in connection with any disputes arising under this agreement, regardless of the outcome of the legal proceedings.
Multi-party attorney fees clause
This clause addresses disputes involving multiple parties.
In the event of a dispute involving more than two parties, the prevailing party or parties shall be entitled to recover their reasonable attorneys' fees and costs, which may be apportioned by the court or arbitrator based on the degree of success in the litigation.
Specific dispute attorney fees clause
This clause limits fee recovery to certain types of disputes.
Attorneys' fees and costs may only be recovered for disputes relating to [specific issues, e.g., intellectual property or indemnification], as outlined in this agreement.
Settlement-focused attorney fees clause
This clause incentivizes early settlement by adjusting fees.
If a party rejects a settlement offer that is equal to or greater than the final judgment, that party shall be responsible for all attorneys' fees and costs incurred after the settlement offer was made.
Fee-shifting attorney fees clause
This clause shifts fees based on conduct in the dispute.
If the court or arbitrator determines that one party acted in bad faith or unreasonably prolonged the resolution of the dispute, that party shall bear all attorneys' fees and costs incurred by the opposing party.
Prevailing issue attorney fees clause
This clause awards fees based on prevailing on specific issues.
Attorneys' fees and costs shall be awarded to the party that prevails on the primary issue(s) in dispute, even if they do not prevail on every claim or defense.
Public policy attorney fees clause
This clause restricts fees in disputes involving public policy.
Attorneys' fees and costs shall not be recoverable for claims that primarily seek to enforce or clarify public policy or statutory rights, except as required by law.
Voluntary withdrawal attorney fees clause
This clause addresses fees for withdrawn claims.
If a party voluntarily withdraws a claim or defense during legal proceedings, that party shall be responsible for any attorneys' fees and costs incurred by the opposing party in connection with that claim or defense.
Appeal-focused attorney fees clause
This clause limits fee recovery for appeals only.
Attorneys' fees and costs shall only be recoverable in connection with appeals arising from disputes under this agreement, and only if the appealing party prevails.
No-fees-for-negligence clause
This clause excludes fees for disputes caused by negligence.
Attorneys' fees and costs shall not be recoverable by any party found to have caused the dispute through gross negligence or willful misconduct.
Government-related attorney fees clause
This clause addresses disputes involving government intervention.
If any dispute arises due to government action or regulatory intervention, the prevailing party may recover its attorneys' fees and costs incurred in addressing such matters.
Third-party claims attorney fees clause
This clause covers claims brought by or involving third parties.
Attorneys' fees and costs arising from claims involving third parties shall be recoverable only if such claims are directly related to a breach of this agreement by the non-prevailing party.
Indivisible dispute attorney fees clause
This clause applies when multiple claims are intertwined.
If claims under this agreement are so intertwined that attorneys' fees cannot be reasonably allocated to specific claims, the court or arbitrator may award fees as deemed equitable under the circumstances.
Declaratory judgment attorney fees clause
This clause applies to non-monetary disputes.
In the event of a declaratory judgment action arising from this agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, provided such action does not involve monetary claims.
Tax-related attorney fees clause
This clause focuses on disputes over tax obligations.
In the event of a dispute concerning tax obligations under this agreement, the prevailing party may recover its attorneys' fees and costs associated with resolving the tax-related issue.
Mutual waiver of attorney fees clause
This clause waives fees for both parties to avoid litigation costs.
Both parties mutually agree to waive any claim for attorneys' fees and costs in the event of a dispute, regardless of the outcome of the litigation or arbitration.
Performance-based attorney fees clause
This clause ties fees to contract performance disputes.
Attorneys' fees and costs may only be recovered for disputes related to the performance of specific obligations outlined in this agreement.
Confidential dispute attorney fees clause
This clause governs disputes subject to confidentiality.
If a dispute subject to confidentiality under this agreement arises, the prevailing party may recover its attorneys' fees and costs, provided such recovery does not violate the confidentiality provisions.
Fraud or misrepresentation attorney fees clause
This clause focuses on disputes involving fraudulent conduct or misrepresentation.
Attorneys' fees and costs shall be recoverable by the prevailing party in disputes involving allegations of fraud or misrepresentation, provided such claims are proven by clear and convincing evidence.
Shared responsibility attorney fees clause
This clause splits fees if neither party fully prevails.
If no party is determined to be the prevailing party in a dispute under this agreement, attorneys' fees and costs shall be borne equally by both parties, unless otherwise ordered by the court or arbitrator.
Costs-first attorney fees clause
This clause gives priority to reimbursement of legal costs.
In the event of a dispute, the prevailing party shall be entitled to recover its legal costs, including attorneys' fees, provided such costs are deemed reasonable and necessary by the court or arbitrator.
Settlement penalty attorney fees clause
This clause penalizes unreasonable refusals to settle.
If a party unreasonably refuses a settlement offer that is ultimately more favorable than the court's or arbitrator's judgment, that party shall bear all attorneys' fees and costs incurred by the opposing party after the offer was made.
Industry-specific attorney fees clause
This clause is tailored for disputes in regulated industries.
Attorneys' fees and costs shall be recoverable for disputes under this agreement that relate specifically to compliance with industry regulations or standards, as determined by the court or arbitrator.
Minimal recovery attorney fees clause
This clause restricts fees for disputes with minor outcomes.
Attorneys' fees and costs shall not be recoverable in disputes where the total monetary recovery does not exceed [insert amount] or where the primary relief sought is declaratory or injunctive in nature.
Litigation cooperation attorney fees clause
This clause covers costs for cooperation in litigation.
Each party agrees to reimburse the other for reasonable attorneys' fees and costs incurred as a result of its failure to cooperate in discovery or other litigation-related procedures required under this agreement.
Cross-claim attorney fees clause
This clause addresses disputes involving cross-claims.
In the event of a cross-claim or counterclaim under this agreement, attorneys' fees and costs may be awarded only to the party that prevails on the primary claim as determined by the court or arbitrator.
Waiver of punitive attorney fees clause
This clause excludes fees for punitive damages disputes.
Attorneys' fees and costs shall not be recoverable for claims involving punitive or exemplary damages unless expressly authorized by applicable law.
Retained jurisdiction attorney fees clause
This clause applies to ongoing court oversight.
If the court retains jurisdiction to oversee compliance with this agreement, attorneys' fees and costs may be awarded for disputes arising from such oversight, as determined by the court.
Third-party reimbursement attorney fees clause
This clause applies when a party incurs costs due to third-party claims.
If a party incurs attorneys' fees and costs as a result of defending against third-party claims arising from this agreement, the non-prevailing party shall reimburse such fees and costs, provided the claims were directly caused by its breach of this agreement.
Non-monetary relief attorney fees clause
This clause limits fee recovery for disputes seeking non-monetary remedies.
Attorneys' fees and costs may only be recovered in disputes involving non-monetary relief, such as injunctive or declaratory actions, if expressly awarded by the court or arbitrator.
Repeated breach attorney fees clause
This clause penalizes multiple breaches of the agreement.
In cases where a party commits repeated breaches of this agreement, resulting in multiple legal actions, the prevailing party shall be entitled to recover attorneys' fees and costs for each individual action or proceeding.
Interpleader-specific attorney fees clause
This clause applies to disputes involving interpleader actions.
In the event of an interpleader action initiated under this agreement, the party determined to have caused the dispute shall bear all attorneys' fees and costs incurred by the other party or parties.
Attorney fees for expedited proceedings clause
This clause governs disputes resolved through expedited processes.
Attorneys' fees and costs shall be recoverable by the prevailing party in any expedited proceeding, including but not limited to summary judgment motions or emergency injunctive relief actions.
Governing body fee allocation clause
This clause assigns fees based on a specific arbitration or regulatory body.
Attorneys' fees and costs shall be allocated in accordance with the rules of [insert arbitration or regulatory body], and any award of fees shall be subject to the limitations and guidelines established by such body.
Collaborative dispute attorney fees clause
This clause encourages collaborative dispute resolution.
If the parties resolve a dispute through mutual collaboration without resorting to formal litigation or arbitration, each party agrees to bear its own attorneys' fees and costs unless otherwise agreed in writing.
Regulatory compliance attorney fees clause
This clause focuses on disputes over regulatory obligations.
Attorneys' fees and costs shall be recoverable in disputes involving allegations of non-compliance with applicable laws, regulations, or industry standards arising under this agreement.
Fee recovery cap clause
This clause limits the total recoverable attorneys' fees.
Attorneys' fees and costs recoverable under this agreement shall be capped at [insert amount], regardless of the outcome or complexity of the dispute, unless otherwise mandated by applicable law.
Fixed-percentage attorney fees clause
This clause ties fee recovery to a percentage of the award.
Attorneys' fees and costs awarded to the prevailing party shall not exceed [insert percentage]% of the total monetary recovery awarded by the court or arbitrator.
Retaliatory claims attorney fees clause
This clause deters frivolous counterclaims.
In the event of retaliatory or frivolous counterclaims, the prevailing party shall be entitled to recover all attorneys' fees and costs associated with defending against such claims.
Fees for breach of confidentiality clause
This clause penalizes breaches of confidentiality.
If a party breaches the confidentiality provisions of this agreement, it shall reimburse the non-breaching party for all attorneys' fees and costs incurred in enforcing such provisions.
Proportional liability attorney fees clause
This clause ties fees to the extent of each party’s fault.
Attorneys' fees and costs awarded under this agreement shall be apportioned in proportion to each party’s degree of fault as determined by the court or arbitrator.
Failure-to-mediate attorney fees clause
This clause penalizes parties for skipping mandatory mediation.
If a party refuses to participate in mandatory mediation as required under this agreement, that party shall bear all attorneys' fees and costs incurred by the opposing party in any subsequent dispute.
Pre-judgment attorney fees clause
This clause limits fees to actions taken before a judgment.
Attorneys' fees and costs may only be recovered for actions taken prior to the final judgment or arbitration award, excluding fees incurred during post-judgment enforcement.
Multiple-jurisdiction attorney fees clause
This clause governs disputes across jurisdictions.
Attorneys' fees and costs incurred in resolving disputes across multiple jurisdictions shall only be recoverable if the prevailing party demonstrates that such actions were necessary and reasonable under the circumstances.
Joint-and-several liability attorney fees clause
This clause holds parties jointly responsible for fees.
If multiple parties are found liable under this agreement, they shall be jointly and severally responsible for the prevailing party’s attorneys' fees and costs, as determined by the court or arbitrator.
Withdrawal of claims attorney fees clause
This clause recovers fees for dropped claims.
If a party withdraws its claims during a legal proceeding, it shall reimburse the other party for attorneys' fees and costs incurred in defending against those claims up to the point of withdrawal.
Fees for partial victories clause
This clause limits recovery to specific claims.
Attorneys' fees and costs may only be recovered for claims on which the prevailing party substantially prevails, as determined by the court or arbitrator.
Public policy exception attorney fees clause
This clause excludes fees for disputes based on public policy issues.
Attorneys' fees and costs shall not be recoverable in disputes where the primary issue involves matters of public policy or statutory interpretation, unless expressly provided for under applicable law.
Fees for discovery abuse clause
This clause penalizes parties for misuse of discovery.
A party found to have engaged in discovery abuse or obstruction under this agreement shall reimburse the opposing party for all reasonable attorneys' fees and costs incurred as a result of such conduct.
Cross-border enforcement attorney fees clause
This clause addresses fees for enforcing judgments internationally.
Attorneys' fees and costs incurred in enforcing a judgment or arbitration award in a foreign jurisdiction shall be recoverable, provided such enforcement is necessary to satisfy the terms of this agreement.
No fees for technical disputes clause
This clause limits fees for minor procedural disputes.
Attorneys' fees and costs shall not be recoverable for disputes solely involving technical or procedural issues that do not materially affect the outcome of the agreement.
Conditional reimbursement attorney fees clause
This clause ties reimbursement to specific events.
Attorneys' fees and costs incurred under this agreement shall only be reimbursed if the court or arbitrator finds that the prevailing party made a good faith effort to resolve the dispute prior to initiating legal action.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.