Welcome to the Kazi Law Firm! We are a boutique law firm steeped in Texas tradition personifying the warmth and congeniality consistent with southern hospitality. We believe in preserving integrity and professionalism with true Texan charm, staying true to our roots, while providing essential, affordable legal services to all. Located just north of Dallas, Texas in the rapidly growing suburb of Frisco; the Kazi Law Firm concentrates on contracts drafting and review, immigration law, will & estates, real estate law, landlord, tenant, mediation, and general business law needs.
Today I wanted to discuss another commonly encountered clause in several contracts – the prevailing party clause aka attorneys’ fee clause. You can imagine how important this clause is to all parties involved in a transaction.
A prevailing party clause (also known as an attorneys’ fee clause) is found in some but not all contracts. The effect of this clause is that, in the event of a lawsuit over the contract, whoever wins (i.e., the “prevailing party”) is entitled to reimbursement of their legal fees from the losing party.
Careful consideration should be given before agreeing to a contract containing a prevailing party clause. It’s one of those clauses that may look like boilerplate “legalese” but it can have profound consequences and should not be treated callously. If you are concerned that the other party may breach the contract, then it may be worth including a prevailing party clause as a deterrent. A party that might otherwise be willing to breach a contract for opportunistic reasons would be unlikely to do so if there is a prevailing party clause in place.
The most crucial takeaway from this clause is to fulfill your contractual obligations. If not, you may find yourself paying someone else to sue you!
I built my law practice on the premise of being a life raft in a sea of sharks. I want to be an advocate for those that have been wronged and are too intimidated to seek help. My firm is here to explore your options, guide you through your legal journey, and give you that safe space to ask questions! There’s no such thing as a stupid question…Only the ones you don’t ask. So, my question to my clients is not “do you have any questions?” But rather “what questions do you have?”
As always, the Kazi Law Firm is standing by to help you in your time of need. Don’t hesitate to contact us today. We specialize in real estate law, landlord-tenant disputes, immigration, and wills & estate planning. Family is at the core of our practice. Just as we treat our family with respect and understanding, we treat yours. Come join the Kazi Law Firm family today!
Why swim alone in shark-infested waters when you don’t need to?