Life is full of trials and tribulations. At times, we come across many incidents that affect us not only physically and mentally, but also legally. In such situations, we need the help of Competent, Committed and Compassionate Lawyers to get us out of trouble. However, lawyers' fees could mount up quickly: the issue is who is liable for it?
Generally, the losing party does not have to pay the winning party's attorney fees. This is the general American Rule Rule, which mandates each party to pay their own attorney fees, regardless of whether they win or lose. This is designed to afford people in having their day in court without trepidation of incurring the other side's litigation costs, if they lose. However, there are some exceptions and they vary from jurisdiction to jurisdiction (State to State):
One of these exceptions is contractual agreements. If the terms of a contract specifically allow for the payment of attorney fees by one side, and the court decides that such requirement is reasonable and was negotiated under fair conditions, then the court will enforce it.
Judges have wide discretions to assess the fairness of contractual terms. If the court (judge) decides that enforcing the attorney fee payment term is unconscionable; or that one of the parties was forced into signing a contract of adhesion (take it or leave it examples) then the judge can void the requirement provision altogether or alter the amount in dispute.
In some states there are statutes that mandate the payment of attorney fees to the losing side. That is if the losing side filed a lawsuit knowing that there were no viable reasons for the lawsuit. In other words, the lawsuit was frivolous!
Another exception is the judge's decision to allocate the attorney fees of the winning party to the losing side, because otherwise, it would not be JUST and FAIR! This is also referred to as Equitable Remedy.
Sometimes, the court could punish an attorney for misconduct by mandating the wrongful lawyer to pay the other side's attorney fees.
As you can see our Judicial System is highly complicated. If you have any legal problem, it is always wise to consult a highly competent, credible and capable Attorney right from the start.
Here at www.ChosenLawyers.com one of our ultimate goals is to help you understand the judicial process better. We achieve this objective, by diligently seeking and carefully choosing some of the most compassionate, capable and competent Lawyers in all fields of law and in all jurisdictions. Then, by utilizing state-of-the-art Audio/Video/Text private, confidential and secure portals to bring them under one virtual roof. So when you face a legal challenge, prudent and professional resolution is a call or click away, anywhere, anytime. Please help us by becoming a free member of Chosen Lawyers by clicking here: https://chosenlawyers.com/membership/index Together, we can make Justice for All a reality!