The question of recovering attorneys’ fees from the opposing party in legal proceedings is influenced by various factors. These include the jurisdiction, the specific circumstances of the case, and the applicable laws.
Typically, there are two main ways in which attorney’s fees can be recovered from the other side — through fee-shifting statutes or through a contract.
Fee-shifting statutes are laws that allow the winning party in a lawsuit to recover their legal costs from the other party. Usually, these statutes apply only in specific types of cases. This includes:
For example, the Fair Debt Collection Practices Act (FDCPA) allows a consumer who successfully sues a debt collector for violating the law to recover attorneys’ fees.
If no fee-shifting statute applies to your claims, contract law may allow a party to recover their attorneys’ fees from the other party.
One common example is called a “prevailing party” clause. This contractual term allows the prevailing party in a lawsuit pertaining to the contract to recover their fees from the losing party.
This is typically only available if there is a specific provision in the contract governing the case that makes it apply. Even if such a provision exists, the judge may deny the winning party their attorneys’ fees in some circumstances.
The question of when attorney’s fees can be recovered from the opposing party is a complex one that depends on a variety of factors. If the prevailing party can recover fees, they will do so after the conclusion of the case.
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Posted in Criminal Defense
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