Washington law makes a unilateral attorney-fee provision in a contract (i.e., awarding fees to one party) bilateral, such that the “prevailing party” in an action on the contract can recover fees.[1] For this reason, it’s often assumed that there’s no practical difference between bilateral and unilateral fee provisions. But that’s not always the case. Under the statute, fees are ...

Washington law makes a unilateral attorney-fee provision in a contract (i.e., awarding fees to one party) bilateral, such that the “prevailing party” in an action on the contract can recover ...