Monthly Archives: March 2016

0o1a7779-2248Most people think the term “attorney’s fee clause” or provision just applies to attorneys. Nothing could be further from the truth. The correct way to think about the attorney’s fee clause or provision is in the context of any contract you might have written for yourself or your business.

Any legal dispute you have with someone or a business means there’s going to be attorneys involved. In situations where there are attorneys, you’re going to see attorneys’ fees. Whenever you’re having a contract prepared, you need to address the possibility that a legal dispute is going to arise at some point between the contracting parties. As a result, you need to make sure there’s a clause or provision in the contract that addresses who is going to pay for the attorneys’ fees.

It’s common to have a provision that requires the losing party in a dispute pay the attorneys’ fees and costs. These provisions are commonly written as follows: “The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.” The most common costs include filing fees. Filing fees may consist of fees for serving summons, complaints or other court papers. The costs might include transcription services by a court reporter or photocopying of court papers and exhibits. It’s important to note that court costs are typically paid by all parties to a dispute but if you include an attorney’s fees provision in your contract, this can make the losing party to the dispute also responsible for the court and other costs.

One thing you have to be careful about with these provisions is that in a relationship where one party to the contract is in a stronger position, they will often put in a provision that means one party to the contract pays all fees and costs and that party is usually the party that is the weaker in the agreement. Even as this is unfair, it’s not unheard of so it’s important to watch out for this.

Preparing contracts is no simple matter and it’s important to have them prepared by experts who can look out for your best legal interests. At Bovarnick & Associates, LLC., we specialize in preparing contracts for our clients. If you’re in need of a contract, whether it’s for your business, property or personal matter, we can take care of it for you. Just give us a call at 215.568.4480 or email us at info@rbovarnick.com.

Robert M. Bovarnick, Esquire

Bovarnick and Associates, LLC
Two Logan Square, Suite 2030
100 N. 18th Street
Philadelphia, PA 19103
(215) 568-4480
(215) 568-4462 (fax)

IMG_8675-518I was recently talking to a client.  I said I was going to start blogging and wanted to know if there any topics he thought would be interesting.  I assumed he would want to know about some fascinating aspect of the law, such as confidentiality agreements.  What he said is that what he is currently working on is finding working relationships with the right company to assist his business.  What does that have to do with a lawyer?  Plenty, actually.  First, a corporate lawyer can help the client in drafting an agreement setting up the relationship, whether it is a joint venture, an independent contractor or anything of the sort.

But there is a second value add and that is what I call the law of the rolodex.  For those of you who are too young, the rolodex is something that, back in the day, everyone had on their desk.   This was your contact list.  My view is that when I made a contact it increased my contacts by not only the new person, but all of their contacts.  This is something that is useful today.  If you are a business and have a need to locate another type of business, it makes sense to cal your lawyer.  Since this is not case related, you should not be getting billed.  And the fact is that business lawyers, by the nature of their practice, know a great many people.

By the way, this works both ways.  Recently I was preparing to meet a potential new client.  I wanted to go in with some potential business for this person.  I called one of my clients to see if they knew of anyone who might want to use the service of the potential new client.  As it turned out, my existing client had the need.  I went into the meeting armed with potential business for this new client.  I ended up with a new client,  the new client ended up with new business and the old client ended up with something they needed.

Robert M. Bovarnick, Esquire

Bovarnick and Associates, LLC
Two Logan Square, Suite 2030
100 N. 18th Street
Philadelphia, PA 19103
(215) 568-4480
(215) 568-4462 (fax)