Mutuality of Obligation when it comes to Contractual Attorney’s Fees

The recovery of attorney’s fees is a creature of contract or statute. When a party prays for attorney’s fees in a lawsuit, that prayer for relief is based on a contractual basis or a statutory basis to attorney's fees. Sometimes, contracts include one-way prevailing party attorney’s fees. In other words, the contract may provide that if one party (typically, the drafter of the contract) has to enforce the contract, the other party has to pay that party’s attorney’s fees and costs. But, what if the other party has to enforce the contract or prevails in the other party's enforcement action. ...