Short Answer: Not necessarily. Whether to include one should be an intentional business decision.
Why It Matters: An attorney's fees clause determines whether the prevailing party may recover legal fees in certain disputes. Sometimes it provides valuable leverage. Other times it may increase your own exposure. The right answer depends on the transaction, the parties, and your negotiating goals.
Like every important contract provision, it deserves thoughtful consideration rather than simply accepting whatever appears in the template.
Common Mistakes: Leaving the clause in because it was already there; deleting it without understanding the consequences; failing to negotiate important provisions.
Michelle's Bottom Line: Every contract clause should earn its place. If you cannot afford to pay the other party’s attorney’s fees if there is an unfavorable outcome, DO NOT include this sort of clause.
