Business owners have long assumed they cannot recover attorney fees in connection with defending or prosecuting tort claims in Texas courts. Until a relatively recent trend, they would have been correct.
Texas law, however, is changing, eroding this long held assumption and supplanting it with a new opportunity to recover attorney fees in civil actions. The change reflects a significant departure from the norm in most states and traditional common law, where litigants are traditionally responsible for their own attorney fees. Many civil law jurisdictions have long held that the “loser” at the courthouse pays both side’s attorney fees. Texas is quickly moving towards this civil law standard.
Read more via the View Media link.