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January 2015 Archives

NEWSFLASH--A PARTNERSHIP IS NOT AN INDIVIDUAL OR CORPORATION

For plaintiffs and defendants alike, the fees and expenses associated with litigation are usually a factor, if not the primary factor, that determines how and whether a case is asserted, defended, or settled. Consequently, one of the first questions that clients will ask when the issue of litigation comes up is whether they can recover their attorney fees from the other party. The answer will in many cases depend on whether recovery of attorney fees is authorized pursuant to Texas Civil Practice and Remedies Code Section 38.001. Under that particular law, a person may recover attorney fees from an individual or corporation if the claim is based upon one of the several incidents referenced in the law, such as a breach of an oral or written contract.

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