Contrary to a widely-held belief, the loser in a case is not usually required to pay the winner’s attorney fees. In the US, the rule is that each side pays their own fees regardless of the outcome of the case. This rule allows parties to hire trial attorneys in Peoria, AZ and to bring cases without incurring high costs if they lose. Readers can browse site to learn whether they may be able to have their legal fees paid.
Exceptions to the Rule
Like all rules, there are some exceptions to consider; these depend on the case and the location. The most common exception is when state law allows for payment by the opposing side. Courts can act in the interests of fairness and justice to require either side to pay in limited situations. It’s best to ask your lawyer to determine whether exceptions apply in a particular case.
Contract Provisions
A common situation where a loser is required to pay the winner’s fees happens when a contract stipulates it; however, these requirements are not always enforced. Courts can assess the fairness of contracts, and may change terms in the interest of justice.
Legal Provisions
Many areas have laws requiring a losing side to pay the other side’s fees in some circumstances; for example, some state laws require it in anti-discrimination cases. Moreover, federal laws call for the losing side to pay fees when a law is broken.
Equitable Remedy
A judge can use equitable remedies to require a losing side to pay fees if they believe it is in the interest of fairness. An equitable remedy is typically used when the loser brought a frivolous or bad-faith lawsuit solely to oppress the other side, and they subsequently lose the case. Occasionally, judges grant attorney fees in instances of extreme lawyer misconduct, as a way to give the offending attorney a warning.
Many people believe that winning a case means that the other side must pay their legal fees, but that only happens in limited circumstances. If provided for by state or federal law, or by contractual obligation, one side may be forced to pay the other side’s legal fees. Speak to trial attorneys in Peoria, AZ to determine whether the other side might have to foot the entire legal bill.
