Attorneys’ fees drive too much litigation. Under the American Rule, attorneys’ fees are not awarded unless (a) there is a statute that says they should be awarded, (b) a contractual provision provides for such an award, or (c) a common law rule affords such a recovery. In other words, we do not have “loser pays system” in which the person who loses pays the other person’s attorneys’ fees and costs. While I appreciate arguments both for and against such a system, I have seen in close quarters how huge the issue of fees and costs can become the driving force in litigation.
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