how to recover attorneys fees in texas

Daniel Parker

2 min read

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06-02-2025

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Recovering attorney's fees in Texas can be complex, depending on the type of case and the specific contract or statute involved. This article provides a general overview; it is not a substitute for legal advice from a qualified Texas attorney.

Understanding the Basics of Fee Recovery in Texas

In Texas, the general rule is that each party pays their own attorney's fees. However, there are several exceptions where a prevailing party can recover fees from the losing party. These exceptions are typically found in:

• Contracts: Many contracts, particularly commercial contracts, include clauses specifying that the prevailing party in a dispute will be awarded attorney's fees. These clauses must be carefully drafted to be enforceable.

• Statutes: Numerous Texas statutes allow for the recovery of attorney's fees in specific types of cases. Examples include:

  • Debt Collection: The Texas Debt Collection Act allows for fee recovery in certain debt collection lawsuits.
  • Deceptive Trade Practices Act (DTPA): If you win a DTPA claim, you can often recover attorney's fees.
  • Real Estate Disputes: Many real estate-related statutes provide for attorney's fee recovery.
  • Insurance Disputes: Cases involving insurance bad faith can result in fee awards.

• Common Law: In limited situations, a court may award attorney's fees under common law principles of equity, although this is less frequent.

How to Request Attorney's Fees in Your Case

The process for recovering attorney's fees varies depending on the context. Here are some general steps:

1. Identify the Basis for Fee Recovery: Determine if your contract or a relevant statute allows for attorney's fees. Carefully review the specific language.

2. Plead for Attorney's Fees: Your attorney must specifically request attorney's fees in your pleadings. This usually involves including a claim for attorney's fees in your petition or counterclaim.

3. Document Your Fees: Keep meticulous records of all time spent on the case, including dates, times, and tasks performed. Maintain detailed billing records.

4. Present Evidence of Fees: At trial or during a hearing, your attorney will need to present evidence supporting the fees incurred. This may include:

   • Detailed billing statements: Clearly showing the work performed, the hourly rate, and the total fees.
   • Affidavits from your attorney: Attesting to the reasonableness and necessity of the fees.
   • Expert testimony: In some complex cases, an expert witness might be needed to testify to the reasonableness of the fees.

Factors Affecting Fee Awards

Courts consider several factors when determining the amount of attorney's fees to award:

• Reasonable Hourly Rate: The prevailing rate for similar work in the relevant community.
• Hours Reasonably Expended: Only hours directly related to the successful aspects of the case are usually compensated.
• Contingency Fees: If you had a contingency fee agreement, the court will consider that when determining the reasonable fee.
• Success of the Case: The degree to which your attorney achieved success will influence the award.

What to Do if Attorney's Fees are Denied

If the court denies your request for attorney's fees, you may have grounds to appeal the decision. This requires a careful review of the court's reasoning and a determination of whether any legal errors occurred.

Consult with a Texas Attorney

This information is for educational purposes only. The laws regarding attorney's fees in Texas are complex. It's crucial to consult with a qualified Texas attorney to discuss your specific situation and understand your options for recovering attorney's fees. They can advise you on the best approach based on your case's facts and applicable laws. A lawyer can help you navigate the intricacies of fee recovery and ensure you pursue all available avenues to protect your rights.