Unfortunately, people don’t always honor agreements. You might say, I’m not gonna sue because hiring a lawyer is gonna be way too much. I’m gonna spend more money on my lawyer to get a recovery. Prevailing party clauses sometimes referred to as winning party clauses change that and allow the winning party to recover almost all of their attorney’s fees and costs.

They paid their lawyer by making the breaching party pay them. A clause in an agreement might say the prevailing party is entitled to an award of attorney’s fees and costs. Most agreements use the phrase prevailing party because it has a special legal significance to define who won most in the litigation or lawsuit.

Talk to a very experienced trial lawyer to best understand the right option for you.