Texas Civil Practice & Remedies Code § 38.001 – Recovery of Attorney’s Fees
Table of Contents
Statutory Text:
“A person may recover reasonable attorney’s fees from an individual or corporation, in addition to the amount of a valid claim and costs, if the claim is for:
Rendered services;
Performed labor;
Furnished material;
Freight or express overcharges;
Lost or damaged freight or express;
Killed or injured stock;
A sworn account; or
An oral or written contract.”
What Is the Texas Attorney’s Fees Statute?
Section 38.001 allows a prevailing party to recover reasonable attorney’s fees in certain civil actions. It primarily applies to:
Contract disputes
Sworn account claims
Services and labor disputes
The fee award is in addition to damages, helping the successful claimant recoup legal expenses.
When Can Attorney’s Fees Be Recovered?
To qualify:
The case must involve a valid claim under one of the eight enumerated grounds
The opposing party must be an individual or a corporation
The claimant must prevail in court (i.e., win the case)
Fees must be reasonable and necessary, proven by evidence
Example Scenario
A contractor sues a homeowner for breach of a written remodeling agreement. The court awards $15,000 in damages.
If the contractor proves the fees were reasonable, they may recover an additional $5,000–$10,000 in attorney’s fees under § 38.001(8).
Limitations and Clarifications
Does not apply to LLCs, LPs, partnerships, or government entities (per caselaw unless otherwise modified)
Fees must be pleaded and supported by affidavit or testimony
Fee recovery may be discretionary in some courts and is not automatic
Related Statutes
§ 38.002 – Procedure for Recovering Attorney’s Fees
Texas Rules of Civil Procedure – Rule 131 (Costs)
§ 37.009 – Declaratory Judgments and Fees
Texas Case Law Interpreting § 38.001
Clarified that § 38.001 does not apply to limited partnerships (LPs) or limited liability companies (LLCs).
Established that recovery under § 38.001 requires presenting evidence of the reasonableness and necessity of attorney’s fees.
Frequently Asked Questions About § 38.001
Houston Personal Injury Lawyer - Joel A. Gordon
Yes. Breach of contract claims are specifically listed under § 38.001(8), allowing recovery of attorney’s fees.
No. Texas courts have held that § 38.001 applies only to individuals and corporations—not partnerships, LLCs, or public entities.
You must show the fees are reasonable, necessary, and supported by evidence. You must also prevail on a qualifying claim.
No. The court has discretion, and proper documentation is essential to support any award.