Posted by sara on September 10, 2000 at 15:16:49:
In Reply to: Can I sue for these defense cost? posted by Eins on September 10, 2000 at 13:18:35:
There are some instances when you can get your legal fees paid, but I'm not sure when
One thing I do know is that if there is a contract between you and the person suing you, that contract
can specify that if there is a dispute over the contract, the losing party pays the prevailing party's fees.
So, you and your buddy can sign a waiver that is binding upon your successors (i.e., surviving family in the event of death)
that says that if there is a dispute, the loser pays the winner's fees.
That alone can discourage someone from filing a lawsuit unless they are pretty sure they'll win. If you don't have a contract, you can always ask the court to award fees,
but I think they would only be awarded if
the court thought the lawsuit was filed in bad faith.
So, if you are worried enough about getting sued to have a buddy sign a waiver, make sure it has an attorneys' fees clause.