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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Christopher Cobb, Jimerson & Cobb | Attorney Advertising

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