ATTORNEYS’ FEES – DEMAND THEM OR THEY ARE WAIVED, MAYBE

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By Christopher M. Cobb, Esquire

One very important question that is asked by many litigants is, “Can I recover my attorneys’ fees for this case”. The American Rule on attorneys’ fees is generally that each litigant or party is responsible for payment of his/her/its own attorney’s fees. The entitlement to recovery of attorneys’ fees generally hinges on whether there is a contract that allows a prevailing party to recover fees or whether a statute authorizes the prevailing party to recover fees. So for my client’s, there is hope if they have a properly written contract or a statutory claim (i.e., construction lien, restrictive covenant, trade secret, or condominium lien) which authorized such fee recovery.

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