News & Analysis as of

American Rule Legal Fees

Farrell Fritz, P.C.

The Answer is Almost Always No

Farrell Fritz, P.C. on

Following up on the question posed in a post from a few years ago: when clients ask whether they can “sue for legal fees,” the courts continue to reiterate that the answer is almost always no; that the American Rule still...more

Farrell Fritz, P.C.

Can the Company Pay My Legal Fees?

Farrell Fritz, P.C. on

Under the so-called “American Rule,” litigants usually must pay their own lawyer fees. But in business divorce and other private company disputes between business co-owners, there are a variety of ways for individual...more

Downey Brand LLP

Free Rider No More — When Can a California Trust Beneficiary Shift Legal Fees to Other Beneficiaries?

Downey Brand LLP on

American courts (including our California state courts), in contrast to courts in England, do not typically award attorneys’ fees to a lawsuit’s “victor.” There are, of course, exceptions to this so-called “American Rule.”...more

Farrell Fritz, P.C.

“Can I sue them for legal fees?”

Farrell Fritz, P.C. on

This is a common question from clients involved in litigation – – especially estate litigation. As a general rule, a party cannot recover attorney’s fees for successfully prosecuting or defending a lawsuit. This is the...more

Tucker Arensberg, P.C.

Can your business be reimbursed for legal fees when you file suit to collect money due?

I often assist my business clients with collections matters. Frequently my clients ask, “Can we make them pay your legal fees?” If your business has a well-written contract and is successful in the collections lawsuit, the...more

Patterson Belknap Webb & Tyler LLP

Fees for Fees: Testing the Limits of ASARCO

Unsecured creditors and other stakeholders sometimes challenge the reasonableness of fees incurred by estate professionals in a bankruptcy case. Whether this is to augment unsecured creditor recoveries or serve as a check on...more

Burr & Forman

Can I Get My Legal Fees Back for Having to Defend This Case?

Burr & Forman on

One of the most common questions I get from my clients is whether they can recover their legal expenses for having to defend a meritless case. The short answer is that in most cases, no. That may seem unfair, especially...more

Proskauer Rose LLP

Appealing a Trademark Registration Refusal? Win or Lose, You May Have to Pay the USPTO’s Legal Fees

Proskauer Rose LLP on

The federal Trademark Act (the Lanham Act) instructs that if an unsuccessful trademark applicant appeals a refusal to register in federal district court, the applicant must name the Director of the U.S. Patent & Trademark...more

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