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Step 1
Understand the limitations involved when trying to recover attorney fees. The general rule in the United States is that one does not have to right to recover attorney fees, even the winning party. This is known as "The American Rule," which makes it clear that anyone involved in a lawsuit is responsible for his own attorney fees, and the recovery of such fees are generally prohibited. There are exceptions, however.
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Step 2
Base the legal action on the breach of a state statute that includes attorney fees as a relief. Many states have codified attorney's fees as a specific prayer for relief when filing certain types of lawsuits.
For instance, in Washington state, an employer's refusal to pay back salary to an employee includes statutory grounds for a lawsuit. In those statutes, a plaintiff may ask for attorney's fees as part of the monetary damages. Other types of civil suits that may include statutory relief for attorney's fees lie in the business and insurance worlds, as well as consumer protection statutes.
When presenting a case to an attorney, the lawyer likely will let a client know whether there is a statutory option to get back the fees. -
Step 3
Enforce a contractual provision. Many business contracts include clauses that allow for the recovery of attorney fees, should an action be necessary to recover on the promissory portion of that commercial contract. Note that generally these clauses are very one-sided, and slanted toward the lender or holder of the contract.
Some states, such as California, have created statutes that even the playing field with contractual provisions involving attorney fees. In California, if a payer manages to defend against a lawsuit brought against her, the civil code makes the contract clause that allows for recovery of attorney fees reciprocal. -
Step 4
Present grounds for equitable relief. What is equitable relief? It is a term that allows parties to a lawsuit to ask the court, in equity, to relieve against judgments where certain circumstances exist.
Such circumstances can include fraud, accident and mistake, or where a defendant is denied the chance to present a meritorious defense because of those same reasons. Such grounds for equitable relief cannot include neglect or mere inattention to the matter that has caused one or more of these special circumstances to now exist.
