Last Review
Last Update

Statutes

In any action to enforce a claim, the prevailing party is entitled to recover a reasonable fee for the services of its attorney including but not limited to trial and appeal and arbitration, in an amount to be determined by the court or the arbitrators, as the case may be. (Ga. Code Ann., § 13-11-8) In any civil action in any court of record of this state, reasonable and necessary attorney's fees and expenses of litigation shall be awarded to any party against whom another party has asserted a claim, defense, or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position. Attorney's fees and expenses so awarded shall be assessed against the party asserting such claim, defense, or other position, or against that party's attorney, or against both in such manner as is just. (Ga. Code Ann., § 9-15-14)

Cases

"Benchmark Builders, Inc. v. Schultz, 294 Ga. 12, 751 S.E.2d 45 (Ga. 2013) (awarding reasonable attorney’s fees to “prevailing party” pursuant to parties’ contract);

In awarding fees under this statute, a court must limit the fees to those incurred because of the sanctionable conduct. Cook v. Campbell-Cook, 349 Ga. App. 325, 826 S.E.2d 155 (2019) (court excludes attorney’s fees that were incurred before defenses lacking substantial justification were raised)"

Comments

A contractual provision is interpreted reciprocally whether or not it is drafted in that fashion. 

Contributors

Brittany S. Ogden

The statutory information was edited and reviewed with the support of MultiState

Become a Content Contributor

The State Law Compendium is made possible through the cooperation, dedication and ongoing efforts of attorney’s who provide and update its statues, cases and comments. Attorneys who would like to volunteer to develop or update compendium content are welcome to contact us to learn more.