The Recovery of Attorney's Fees
Attorneys fees can be expensive and are sometimes a deterrent to individuals seeking the advice of a lawyer. Generally, in the United States, each party is responsible for his own legal fees. However, there are several exceptions that may allow recovery of fees from the opposing party.
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Contractual Provisions
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Parties to a contract are free to include provisions concerning the payment of attorney fees in the event of a dispute about the contract. These are usually drafted so that the breaching party is forced to pay. However, like any provision of a contract, such clauses can be drafted as narrowly or broadly as the parties desire.
Statutory Provisions
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Sometimes state legislatures find the public policy behind a law so significant they provide for payment of attorney fees. For example, civil rights statutes often include statutory fees so that a victim will be encouraged to pursue the case when she otherwise could not afford to do so.
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Court Awarded
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Courts have discretion to award attorney fees, even absent statutory or contractual provisions, as a form of equitable relief. Equitable remedies are available when there is no other adequate remedy at law and the interests of justice support such an award.
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