The American Rule and Recovery of Legal Fees
“Can I recover my legal fees if I win my lawsuit?” Nearly every person bringing or defending a lawsuit understandably asks this question during the first visit with legal counsel. The answer is --- well, it depends. U.S. courts generally observe the American rule, which says that all parties to a lawsuit are responsible for paying their own legal fees, regardless of who wins. The American rule is based on the notion that fear of excessive costs should not deter a plaintiff from seeking help from the legal system. There are some circumstances, though, when the losing party can be required to