Time and time again, clients come to our firm seeking to pursue a party for breach of contract and ask if they can recover the attorneys’ fees they have to pay to chase the “bad guy.” The short answer, in virtually every case, is “No,” unless the contract provides for a recovery of attorneys’ fees or if attorneys’ fees are permitted under a federal law or State of Illinois statute (such as the Illinois Consumer Fraud and Deceptive Business Practices Act).
It actually takes very little effort to include an attorneys’ fee provision in a contract. For business clients that do not enter into “formal” contracts, but rather, rely on purchase orders and invoices, we suggest adding a rider to cover issues such as attorneys’ fees in the event of a dispute between the parties. Such a clause can provide significant leverage when pursuing a party that has caused you damages.
DeBlasio Law Group, LLC counsels clients on business transactions and welcomes the opportunity to advise your business on such arrangements before there is a dispute. Our website offers details on the breadth of our experience in commercial transactions and business litigation matters – www.DGLLC.net.