Recovery of Attorney Fees in Texas

Abstract

The purpose of this article is to provide an advance starting point for lawyers in Texas and nationwide to recover or oppose a request or demand for attorney fees in Texas courts. The legal bases of the right to recover attorneys fees for the prevailing party in Texas is primarily premised on a contract between the parties, numerous statutes and Section 38 of the Texas Civil Practice and Remedies Code. The most common statute for recovery of attorney fees is the Texas Civil Practice and Remedies Code.

To determine if a party is entitled to recover attorney fees is a question of law and is within the sound discretion of the trial court. A party must recover something of value either monetary or equitable. In order to recover attorney's fees based on a claim under Chapter 38 of the TCPRC, a party must provide evidence of presentment of the claim to the opposing party. In addition, any request, demand or presentment for attorneys' fees requires proof that the fees incurred are reasonable and necessary.

Plaintiff's attorney fees must be proved up and presented with detail and precision. A defendant should want to attack, deny or reduce the plaintiff's request or demand for attorney's fees by showing the trier of fact the improper, inadequate or insufficient proof. An effective way for both plaintiff and defendant to demonstrate and prove their respective positions is to read How To Recover Attorneys' Fees in Texas, Third Edition 2014.

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