Careful What You Ask For: Avoiding Loopholes and Unintended Consequences in the Recovery of Attorney Fees

Texas follows the so-called “American Rule” for attorney’s fees, under which each party is responsible for its own attorney’s fees unless the recovery is specifically provided for by either contract or statute. Section 38.001 of the Texas Civil Practice and Remedies Code (§ 38.001) provides for the recovery of attorney’s fees for various claims, including … Continued

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