Business and Construction Law

Contractual Attorneys' Fee Provision

In Columbus Check Cashers Inc. v. Rodgers, 2008-Ohio-5498, the Franklin County Court of Appeals refused to award attorneys' fees to a check cashing company despite its customer agreement stating that attorneys' fees would be awarded in any collection action. A contractual attorneys' fee provision in Ohio is unenforceable in situations where there is unequal bargaining power, where the provision promotes litigation and illegal acts such as evading the usury laws, where the provision acts as a penalty, and where the terms of the provision are not freely negotiable. The court refused to enforce a one-sided obligation on the part of the consumer to pay attorneys' fees, because the provision obviously worked as penalty and its one sided, creditor-favored nature promoted litigation.

Carroll, Ucker & Hemmer LLC represents small and large businesses in Columbus and all over Ohio.
David W. T. Carroll handles business representation.

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The information on this web site is for general reference only. To apply the information to an individual situation, you must consult a qualified professional. Unless you contract for specific services from us, there is no attorney-client relationship established.

Carroll, Ucker & Hemmer LLC
175 S. 3rd St., Suite 200
Columbus, Ohio 43215
614) 547-0350
fax: (614) 547-0354

Email: dcarroll@cuhlaw.com

All members of Carroll, Ucker & Hemmer LLC are licensed to practice law in Ohio.

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