 |
 MAXWELL WILLIAMS PACK OF POOCHES SUE JANSON SJ026 $6.11 Time Remaining: 3d 5h 16m Buy It Now for only: $6.11 |
 MAXWELL WILLIAMS YUMMY MUMMIES MUG SUE JANSON SJ017 $6.11 Time Remaining: 2d 16h 12m Buy It Now for only: $6.11 |
 MAXWELL WILLIAMS SPRING RACING MUG SUE JANSON SJ018 $6.11 Time Remaining: 4d 6h 50m Buy It Now for only: $6.11 |
 MAXWELL WILLIAMS TENNIS BABES SUE JANSON SJ022 $6.11 Time Remaining: 26d 12h 44m Buy It Now for only: $6.11 |
 MAXWELL WILLIAMS HUNGRY MAIDENS SUE JANSON SJ005 $6.11 Time Remaining: 18d 10h 42m Buy It Now for only: $6.11 |
 MAXWELL WILLIAMS GRANNY CHEFS SUE JANSON SJ006 $6.11 Time Remaining: 18d 10h 48m Buy It Now for only: $6.11 |
 MAXWELL WILLIAMSFOOTY FEVER MUG SUE JANSON SJ013 $6.11 Time Remaining: 26d 12h 56m Buy It Now for only: $6.11 |
 MAXWELL WILLIAMS SUE JANSON APRON BEACH BABES SJ10001 $29.30 Time Remaining: 8d 10h 38m Buy It Now for only: $29.30 |
 MAXWELL WILLIAMS THANKS DAD MUG SUE JANSON SJ102 $6.11 Time Remaining: 17d 5h 14m Buy It Now for only: $6.11 |
 MAXWELL WILLIAMSBOWLING OLDIES PORC MUG SUE JANSON $6.11 Time Remaining: 19d 5h 49m Buy It Now for only: $6.11 |
 MAXWELL WILLIAMSCHRISTMA EVE SUE JANSON PORC MUG $6.11 Time Remaining: 7d 17h 10m Buy It Now for only: $6.11 |
 MAXWELL WILLIAMS FAT CATS MUGS SUE JANSON SJ028 $6.11 Time Remaining: 3d 5h 8m Buy It Now for only: $6.11 |
 MAXWELL WILLIAMS PUSS IN BOOTS SUE JANSON SJ025 $6.11 Time Remaining: 18d 9h 48m Buy It Now for only: $6.11 |
 MAXWELL WILLIAMS SUE JANSON 6 ASST COASTERS FF1200 $9.76 Time Remaining: 27d 5h 15m Buy It Now for only: $9.76 |
 MAXWELL WILLIAMS FASHION SLAVE MUG SUE JANSON SJ019 $6.11 Time Remaining: 6d 13h 45m Buy It Now for only: $6.11 |
 MAXWELL WILLIAMS SUE JANSON APRON HELL RIDERS SJ10008 $29.30 Time Remaining: 14d 5h 13m Buy It Now for only: $29.30 |
 MAXWELL WILLIAMS FAT CATS MUG SUE JANSON SJ028 MIB $6.11 Time Remaining: 6d 13h 40m Buy It Now for only: $6.11 |
 MAXWELL WILLIAMS SUE JANSON APRON BORN TO SHOP SJ10007 NEW $29.30 Time Remaining: 26d 12h 50m Buy It Now for only: $29.30 |
 MAXWELL WILLIAMS SUE JANSON APRON FOOTY FEVER SJ10013 $29.30 Time Remaining: 14d 5h 17m Buy It Now for only: $29.30 |
 MAXWELL WILLIAMS SUE JANSON APRON BORN TO SHOPSJ10007 $29.30 Time Remaining: 6d 15h 31m Buy It Now for only: $29.30 |
 MAXWELL WILLIAMS SUE JANSON APRON HEAD CHEF SJ10003 $29.30 Time Remaining: 14d 4h 59m Buy It Now for only: $29.30 |
 MAXWELL WILLIAMS SUE JANSON APRON SKINS TOURNAMENT SJ10012 NEW $29.30 Time Remaining: 26d 13h 9m Buy It Now for only: $29.30 |
 MAXWELL WILLIAMS SUE JANSON APRON CHIC MAGNET SJ10011 NEW $29.30 Time Remaining: 26d 12h 59m Buy It Now for only: $29.30 |
 MAXWELL WILLIAMS SUE JANSON APRON FOOTY FEVER SJ10013 NEW $29.30 Time Remaining: 26d 13h 12m Buy It Now for only: $29.30 |
 MAXWELL WILLIAMS SUE JANSON APRON SKINS TOURNAMENT $29.30 Time Remaining: 8d 11h 21m Buy It Now for only: $29.30 |
 MAXWELL WILLIAMS SUE JANSON APRON CHICK MAGNET $29.30 Time Remaining: 14d 5h 5m Buy It Now for only: $29.30 |
Williams Sue
Should you Use an Attorney’s Fee Clause
Most “standard” real estate contracts and leases contain provisions that state something to the effect, “If there is any dispute as to the agreement, the winning party is entitled to attorney’s fees.” Is this a good idea?
Well, yes and no. First, understand that attorney’s fees are generally not awarded by the court to the winning party in a lawsuit. There must be either a specific statutory provision or a clause in the disputed agreement that calls for attorney’s fees. In addition, a court may award attorney’s fees where there is “bad faith” on the part of one of the litigants, but judges rarely enforce this rule.
If you have to sue another party to a lease or contract for $100, it hardly seems worth the effort if you have to pay your attorney $2,500 to file the lawsuit. In such cases, the opposing party may thumb his nose at you and say, “so sue me”. The court system is very unfair to the poor in this regard. However, if you are the potential defendant, it works in your favor if someone is thinking of suing you for some bogus reason and you know that they can’t afford an attorney.
So, should you always insert an attorney’s fee clause in every contract or lease that you sign? Well, that depends on whether such a clause inures to your benefit. For example, if you are a landlord, chances are you will be suing your tenant for non-performance of the lease, not vice-versa. So, having the ability to get attorney’s fees if you win is to your benefit. Of course, this may be futile, since any judgment may be uncollectible, whether for $100 or $10,000. But, if you think you can collect a judgment, go ahead and put the clause in your lease.
Another example might be a purchase contract with a seller in foreclosure. Suppose you have an agreement to buy a property from a seller who is near insolvency. If he breaches the agreement, you can sue, but what will you get? On the other hand, if he can convince a court that YOU are in breach, you could lose and end up paying HIS attorney’s fees. Thus, you can see how an attorney’s fee clause may work against you. If you get into a dispute with a seller or buyer and they cannot afford an attorney, you reduce your risk if something goes bad. Remember, whether you are right or wrong in your actions involving a real estate deal, it’s what is proven in court that matters. Having plenty of trial experience, I can tell you that going to court is a gamble - sometimes you win, sometimes you lose, and truth and justice have little to do with it.
Finally, some agreements will state that if one party must enforce the agreement in court (e.g., the landlord in a lease), the landlord is entitled to lawyer fees. Many courts will apply the rules in reverse, even if the agreement doesn’t explicitly state. So, you cannot necessarily limit attorney’s fee if one party wins but not the other.
As with any transaction, you could consult with an attorney before drafting any agreement you are uncertain of.
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About the Author
Written exclusively for Legalwiz.com by Attorney William Bronchick, Certified Registered Nationally-known attorney, Author, Entrepreneur and Speaker.
Wendy Williams. what in the closet celeb beat up his lover and his lover's trying to sue or out him?
i just heard it but i didn't see anything on it online? what happened
It was a blind item in one of the New York newspapers. It said that a popular actor with a hit summer movie beat up his former male lover and raped him. It said that the "closeted" actor paid the ex half a million dollars but that the former lover is now preparing to sue him and the whole world will know in a few weeks. People were calling in guessing: some of the guesses were Will Smith, Christian Bale (I doubt it), Tyrese and Vin Diesel. This story sounds kind of phony to me for some reason. I doubt anyone would have paid someone half a million dollars without them signing an agreement not to sue.
Sue Williams at David Zwirner, NYC (Oct 2008)