There is an agreement between two parties that in the event of a lawsuit to recover fees, the prevailing party is to be awarded attorney's fees. A lawsuit results in the plaintiff being awarded only half of the amount that he alleges is owed; the defendant argued that he incurred costs greater than the amount the plaintiff alleged because of the negligence of plaintiff. Are attorney's fees awarded and if so, how are they calculated? This dispute is in Washington State.

  • FWIW, this is a tricky and highly state specific and fact dependent question. Somebody is going to have to dig into case law in WA to get an answer.
    – ohwilleke
    Jun 13 at 20:07
  • Can you post the exact clause at issue? Without that information it is pointless to address --here or elsewhere-- your question. Jun 16 at 11:30
  • The clause that addresses this matter in the agreement is: "The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorney' s fees incurred in enforcing this Agreement." This was requested by Iñaki Viggers
    – TGK
    Jul 26 at 19:34
  • 1
    @TGK that information should be edited into the question, not left in an ephemeral comment.
    – CGCampbell
    Jul 31 at 16:16


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