The Statute, the Constitution, the Caselaw, and the Appellate Lawyer as Sleuth

Leslie Hyman, 2015

The Texas Commission on Human Rights Act, like the federal employment statutes on which it was modeled, provides for an award of “attorneys’ fees as part of costs” for a successful plaintiff. In Texas, while entitlement to attorneys’ fees is a question for the court, the amount of reasonable and necessary attorneys’ fees is typically a question of fact for a jury to decide.  The dramatic question addressed in this practice note is whether the Texas legislature’s adoption of the phrase “as part of costs” from the federal statute reflects an intention to adopt the federal procedure for determining attorneys’ fees as well.

Rhonda Grimm