Attorneys’ Fees: The American Rule, Exceptions, and Effective Recovery

Regardless of who initiates a lawsuit, the “American Rule” is that each party is responsible for paying its own attorneys’ fees. There are, however, certain exceptions to the American Rule or instances where one party must pay another’s fees. For example, some contracts include language dictating which party is responsible for fees should litigation arise. Sanctionable conduct may also result in one party paying the other’s attorneys’ fees. Another tool—of particular interest to our speakers—is the utilization of offers of judgment as a means for their clients to potentially recover their attorneys’ fees. Butler Snow attorneys Beth Roper, Katelyn Ashton,…