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Law Offices of Jonathan M. Cooper

Q:
What should I do if I want to bring a breach of contract claim in New York but I am concerned about the legal costs?

A:

Unfortunately for some potential plaintiffs, New York subscribes to the “American Rule” of litigation. This means that each party is responsible for its own legal fees when bringing or defending a lawsuit. For plaintiffs seeking to sue a large organization, such as the residents of Long Island who recently filed suit against Long Island Power Authority and National Grid, this can prohibit the filing of a suit. What should you do if you find yourself in such a situation? The following are helpful tips:

 

  • Contact an experienced New York breach of contract lawyer for guidance. Understanding whether you might be entitled to seek attorney’s fees in a lawsuit requires the knowledge of an experienced professional.
  • Review the terms of the contract in question. If the agreement contains a provision that requires the other party to pay legal fees, you may be in luck.
  • Consider what types of fees and costs you want to have reimbursed. New York law does allow for recovery of certain expenses, though it is typically capped at $1,500.
  • Carefully consider the amount of damages that you may be entitled to should you succeed in your lawsuit and compare that with your attorney’s estimated costs for litigating your breach of contract claim.

 

If you are concerned about legal fees and costs and are hesitant to file a breach of contract claim as a result, you may have options available to you. To learn more about recovering legal fees and other business litigation matters, contact an experienced New York breach of contract attorney today. Call our office at (888) 497-3410 for a consultation.