Contracts and Attorneys' Fees in Texas

In a breach of contract, the breaching party may be ordered by the court to pay reasonable and necessary attorneys' fees if it meets the requirements of Texas Civil Practice and Remedies (CPRC) Section 38.001. It should be noted that a party that does not have the ability to pay may also not have the ability to pay attorneys' fees, so it may be advised to not consider it an "absolute" that you, as the victorious party to a breach of contract case, will automatically be able to get the attorneys' fees back, even if it is authorized by the court. It should be noted that in other cases, unless authorized by statute, prevailing litigants are not entitled to attorneys' fees unless authorized by statute, so it is important to discuss these issues with your attorney when the decision is made to begin litigation proceedings if you are unsure.