Many people believe that if they are successful on a breach of contract suit, they can automatically recover their attorneys’ fees. This is not true, except under limited circumstances.
Maryland law provides that the successful party in a breach of contract suit can only recover attorneys’ fees if the contract so provides or, if the lawsuit is brought under a statute that provides for the award of attorneys’ fees. Maryland does have a statute to provide for attorneys’ fees in certain circumstances, such as where a commercial party is liable for intentional misrepresentation or fraud. However, this statute only applies to contracts between a consumer and a commercial entity, and not between two consumers.
In order to ensure that you are entitled to attorneys’ fees in a breach of contract suit, you should always make sure that the contract is in writing and contains a provision stating that the prevailing party will be awarded attorneys’ fees.