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ARTICLE · 25 FEBRUARY 2020

Recovering Attorney's Fees In Texas: Five Lessons

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Obtaining an award of attorneys' fees might be the final step in a long-waged litigation battle but to do so successfully requires careful planning and diligence from the outset of a case.

United StatesLitigation, Mediation & Arbitration
Amanda G. Taylor
Amanda G. Taylor
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Obtaining an award of attorneys' fees might be the final step in a long-waged litigation battle but to do so successfully requires careful planning and diligence from the outset of a case. The Texas Supreme Court recently clarified the evidence required to obtain and affirm such an award. Rohrmoos Venture v. UTSW DVA Healthcare, LLP, 578 S.W.3d 469 (Tex. 2019). The Texas Supreme Court also recently confirmed that these evidentiary standards apply equally when fees are sought to be recovered as a sanction. Nath v. Texas Children's Hosp., 576 S.W.3d 707, 710 (Tex. 2019). To best serve a client's interests of recovering attorneys' fees in Texas, whether as a prevailing party or as a sanction, lawyers should adhere to five lessons from Rohrmoos.

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