To recover attorneys fees texas law requires that the claimant be represented by an attorney present the claim to the opposing party or an agent thereof and payment of the just amount owed must not have been tendered before 30 days after the claim is presented. Texas childrens hosp 576 sw3d 707 710 tex 2019 to best serve a clients interests of recovering attorneys fees in texas whether as a prevailing party or as a sanction lawyers should adhere to five lessons from rohrmoos lesson one confirm a legal entitlement to recover fees. The most common statute for recovery of attorney fees is the texas civil practice and remedies code to determine if a party is entitled to recover attorney fees is a question of law and is within the sound discretion of the trial court a party must recover something of value either monetary or equitable in order to recover attorneys fees based on a claim under chapter 38 of the tcprc a . Fortunately section 38001 of the texas civil practice and remedies code allows the recovery of reasonable attorneys fees from an individual or corporation for many contractual situations for
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