Canterbury, Elder, Gooch, Surratt, Shapiro & Stein, P.C.
Occidental Tower
5005 LBJ Freeway, Suite 1000
Dallas, Texas 75244
Phone: (972) 239-7493
Facsimile: (972) 490-7739

Recovery of Attorneys' Fees Against Governmental Entities

      The Texas legislature recently repealed Section 271.159 of the Texas Local Government Code, which prohibited recovery of attorney's fees unless such recovery was specifically authorized by a written agreement. The legislature further amended Section 271.153 of the Code, to allow for the recovery of "reasonable and necessary attorney's fees that are equitable and just" against a governmental entity. Based on these actions by the legislature, a claimant may now recover its reasonable and necessary attorneys' fees incurred if it is the prevailing party against a local governmental entity.


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