who pays attorney contract fees when selling tree service equipment

The Seller is entitled to recover, and the Buyer shall pay, all costs, expenses, and legal fees (including the fees of attorneys and persons not admitted to the bar performing services under the supervision of an attorney) incurred by the Seller in enforcing this Agreement.

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What Costs Are Included?

What is Martindale Nolo?

What happens if a judge decides that it would be unfair to enforce a requirement that one side pay the?

What happens when two people sign a contract?

What is a mutual provision in a lawsuit?

Can an attorney text you?

Who has the right to collect from the other party?

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Boilerplate considerations: when to have an attorneys’ fees provision ...

I walked out of the conference room feeling great. We had just hammered out a settlement dismissing a breach of contract lawsuit against our client. The settlement terms were fair, and I was especially pleased because, at the time, I thought the chance that these particular parties would come to an agreement was slim. Then … Boilerplate considerations: when to have an attorneys’ fees ...

Attorneys' Fees and Disbursements Sample Clauses

Attorneys' Fees and Disbursements. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party or parties shall be entitled to receive from...

Attorneys’ Fees and Costs Sample Clauses - Law Insider

Attorneys’ Fees and Costs. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, cos...

Attorney Fees - Contract Standards

Attorney Fees. If either party brings an Action to enforce their rights under this agreement, the prevailing party may recover its expenses (including reasonable attorneys' fees) incurred in connection with the Action and any appeal from the losing party.

Do I Want an Attorney Fee Provision in My Contract?

Genesis Law Firm, PLLC 3802 Colby Ave Ste 2 Everett, WA 98201 Schedule Appointment Toll Free: (866) 631-0028 Local: (425) 212-1789 [email protected]

What happens when two people sign a contract?

However, when two people or companies sign a contract they can have the contract require that the losing side in a legal dispute has to pay the winning (or "prevailing") side's attorneys' fees and costs. Read on to learn more about including an attorneys' fees provision in your contract.

What happens if a judge decides that it would be unfair to enforce a requirement that one side pay the?

If a judge decides that it would be unfair to enforce a requirement that one side pay the other's attorneys' fees or finds that one of the parties was forced into signing the agreement, the judge could cancel the requirement or change the amount of fees to be paid.

What Costs Are Included?

Often costs to photocopy court papers and exhibits are also included. (Typically, court costs are paid by the parties to the dispute. But, with the inclusion of an attorney fees clause, the losing party is held responsible for both parties' court costs. To learn more about keeping legal costs down, check out Nolo's article Tips for Saving Money on Attorney Fees .)

Can you enforce attorney fees?

Judicial Enforcement of Attorneys' Fees Provisions. Just because you include an attorneys' fees provision in your contract, you shouldn't assume that the clause will be enforced if a lawsuit arises and one side tries to get their legal costs reimbursed by the other. Courts are allowed to judge contracts for fairness and to change their terms ...

Do you have to pay your own attorneys' fees?

When a legal dispute arises and people take their fight to court , the basic rule is that each party to a lawsuit must pay its own attorneys' fees. (For more information, see Nolo's article Attorney's Fees: Does the Losing Side Have to Pay?) However, when two people or companies sign a contract they can have the contract require that the losing side in a legal dispute has to pay the winning (or "prevailing") side's attorneys' fees and costs. Read on to learn more about including an attorneys' fees provision in your contract.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

What does Molina's tree service LLC remove?

Unless otherwise indicated herein, Molina’s tree service LLC will remove wood, brush and debris incidental to the work.

How much notice does Molina's Tree Service give?

Molina’s tree service, LLC kindly requests that the authorizing party provide at least 24 hours advance notice of any full or partial work cancellation. Client agrees to pay a 20% fee of the total proposal if cancellation notice is not received before the requested time.

Who is responsible for 512 Pace St?

In addition to normal liabilities, Molina Tree Service, LLC assumes the liability of the driveway at 512 Pace St. If any activity related to the execution of this agreement results in damage to the driveway at 512 Pace St, the damage will be the responsibility of Molina Tree Service, LLC to rectify with the owners of 512 Pace St. A separate signed agreement with the owners of 512 Pace St is attached to this agreement. Under no circumstance will the owners of 510 Pace St be responsible for the property at 512 Pace St or any other surrounding property as it relates to the work executed by this agreement.

Can fencing be returned?

Any fencing or property that is moved, removed or modified to complete the work in this agreement, on any property, will be returned or replaced in the same or better quality as it was prior to executing the work in this agreement.

Who is responsible for collection of a credit card?

If outside assistance is used to collect the account, the customer is responsible for all costs associated with the collection, including, but not limited to, attorney fees and court costs.

Is Molina's Tree Service LLC liable for damages?

Molina’s tree service LLC shall attempt to meet all performance dates (weather permitting) but shall not be liable for damages due to delays from inclement weather or other causes beyond our control.

What is a sample contract for tree removal?

This sample contract pertains to proposed work to be done on a tree that presents a hazard, and which the customer, therefore, wants to be removed (or at least trimmed in a major way). When the work is less dramatic and the tree poses no hazard—such as for simple pruning —a typical contract is usually less detailed.

How long does it take for Acme Tree Service to pay?

Acme Tree Service is authorized to do the work as specified. Payment within 30 days upon completion.

What is the second page of a contract?

For convenience, this part of the contract can be distinguished from the first page by calling it the "terms and conditions." Although the details included on the second page may appear to be "fine print," it is very important that you, as the paying customer, know precisely what these details include. In addition to offering more detail on the work, this is what protects you legally should any unexpected circumstances arise during the work.

Does Acme Tree Service remove wood?

Unless otherwise indicated herein, Acme Tree Service, Inc. will remove wood, brush, and debris incidental to the work.

Is Acme Tree Service liable for damages?

Work crews shall arrive at the job site unannounced unless otherwise noted herein. Acme Tree Service, Inc. shall attempt to meet all performance dates, but shall not be liable for damages due to delays from inclement weather or other causes beyond our control.

Is tree removal a handshake?

Tree removal is major work that should never be done based on handshake agreements. The actual language used may vary from contract to contract, but the details should include all the elements found in the sample below. You or your consulting lawyer may want to negotiate or clarify certain points of the contract; this is expected, ...

Do tree service companies have contract templates?

Most professional tree service companies will have the contract templates they use for writing up bids and securing approval to do the work. Be wary of any company that does not use some kind of contractual agreement. Tree removal is major work that should never be done based on handshake agreements. The actual language used may vary ...

Can you refund advanced fees at the end of a case?

Refund advanced fees at end of case. To the extent funds advanced by a third party remain after the case is concluded, you should refund the balance to the payor, not the client. See California State Bar Formal Opinion No. 2013-187.

Can another person pay my attorney fees?

Another person or entity may agree to pay some or all of Client’s attorney fees and costs. Any such agreement will not affect Client’s obligation to pay attorney fees and costs under this agreement, nor will Attorney be obligated under this agreement to enforce such agreement. Any such amounts actually received by Attorney, however, will be credited against the attorney fees set out in this agreement [ or delivered to Client if there is no balance due Attorney ]. The issue raised by having a third party pay the fees is the potential or perceived potential that the third party may try to influence the prosecution of the case to minimize costs or to achieve other goals. However, the fact that another [ person/entity] may agree to pay some or all of Client’s attorney fees will not make that [ person/entity] a client of Attorney and that [ person/entity] will have no right to instruct Attorney in matters pertaining to the services Attorney renders to Client. Unless Client gives written permission to discuss all or a portion of Client’s matters with [ the person/the entity] paying all or a portion of the attorney fees, Attorney will not disclose any confidential information to [ him/her/it ]. By signing this agreement, Client consents to this arrangement and acknowledges that Attorney has advised Client of the advantages and disadvantages of this arrangement.

What Costs Are Included?

Often costs to photocopy court papers and exhibits are also included. (Typically, court costs are paid by the parties to the dispute. But, with the inclusion of an attorney fees clause, the losing party is held responsible for both parties' court costs. To learn more about keeping legal costs down, check out Nolo's article Tips for Saving Money on Attorney Fees .)

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What happens if a judge decides that it would be unfair to enforce a requirement that one side pay the?

If a judge decides that it would be unfair to enforce a requirement that one side pay the other's attorneys' fees or finds that one of the parties was forced into signing the agreement, the judge could cancel the requirement or change the amount of fees to be paid.

What happens when two people sign a contract?

However, when two people or companies sign a contract they can have the contract require that the losing side in a legal dispute has to pay the winning (or "prevailing") side's attorneys' fees and costs. Read on to learn more about including an attorneys' fees provision in your contract.

What is a mutual provision in a lawsuit?

Under a mutual provision, such as the example above, the party that wins the lawsuit is awarded attorneys' fees. This is fair and encourages the quick resolution of lawsuits. However, a "one-way provision" allows only one of the parties to receive attorneys' fees, usually the party with the better bargaining position.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

Who has the right to collect from the other party?

Attorneys' Fees. The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement.

What Does An Attorneys' Fees Provision Look like?

What Costs Are included?

Watch Out For One-Way Attorneys' Fees Provisions

Judicial Enforcement of Attorneys' Fees Provisions

• Just because you include an attorneys' fees provision in your contract, you shouldn't assume that the clause will be enforced if a lawsuit arises and one side tries to get their legal costs reimbursed by the other. Courts are allowed to judge contracts for fairness and to change their terms if they decide that doing so is the more fair solution. If...

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