Section 6 Attorney Fees Provided for by Contract

• Library: Damages 2012

A prevailing Missouri litigant is entitled to recover attorney fees from the losing party when expressly provided for in an applicable contract. These provisions are typically contained in a wide variety of contacts and legal instruments. See, e.g.:

· Simpson v. Simpson, 295 S.W.3d 199, 210 (Mo. App. W.D. 2009) (promissory note)

· Lee v. Investors Title Co., 241 S.W.3d 366, 368 (Mo. App. E.D. 2007) (escrow agreement)

· Parks v. MBNA Am. Bank, 204 S.W.3d 305 (Mo. App. W.D. 2006) (settlement agreement)

While the amount of fees awarded may be subject to the fact-finder’s discretion, it has been held to be error to refuse payment of some attorney fee when a valid provision is contained in an applicable agreement. Mihlfeld & Assocs., Inc. v. Bishop & Bishop, L.L.C., 295 S.W.3d 163, 174 (Mo. App. S.D. 2009) (when a party is found to have breached the contract, “[a]n award in some amount is required by the contract as a matter of law and is not a matter within the trial court’s discretion.”).

Contract attorney fee...