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Old 05-24-2017, 03:49 PM   #1
CHAR
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Default Loser paying the legal fees

Is it possible for the court to make a loser pay the legal fees of the winner?

Does that happen very often if ever?
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Old 05-24-2017, 05:05 PM   #2
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Default Re: Loser paying the legal fees

I wish to inform you that court may order losing party to pay legal costs of winning party. In litigation judge may decide as to whether costs award has to be awarded or not. Facts of each case may determine liability towards costs.

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Old 05-24-2017, 05:30 PM   #3
adjusterjack
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Default Re: Loser paying the legal fees

Quote:
Originally Posted by CHAR View Post
Is it possible for the court to make a loser pay the legal fees of the winner?

Does that happen very often if ever?
Depends. What state are you in? What kind of case?

Generally, however, in the American legal system, each party pays his own attorney fees.

There are exceptions:

1 - If a contract has a bilateral attorney fee provision.
2 - If a statute allows for it under certain circumstances.
3 - If the lawsuit is frivolous or constitutes abuse of process.
4 - There may be other exceptions.
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Old 05-30-2017, 07:01 AM   #4
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Default Re: Loser paying the legal fees

I wish we had the UK system where the loser pays. It would stop all these frivolous lawsuits that suck the life out of so many US businesses.
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Old 05-30-2017, 04:19 PM   #5
adjusterjack
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Default Re: Loser paying the legal fees

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I wish we had the UK system where the loser pays. It would stop all these frivolous lawsuits that suck the life out of so many US businesses.
We already have that in the US. If a defendant wins and can prove that the lawsuit was frivolous or an abuse of process, the plaintiff WILL pay.

Didn't you know that?
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Old 05-30-2017, 06:00 PM   #6
PattiP
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Default Re: Loser paying the legal fees

That really is not the way it works.
The US system is each side pays its own fees.

It is rare that courts change that.
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Old 06-01-2017, 02:06 AM   #7
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Default Re: Loser paying the legal fees

If the law or contract specifically states that the losing party is liable to pay the legal fees of the opposite side, then the losing party is obliged to do so as per court order. Further, Courts have discretion to decide regarding the payment of legal fees by the loser.
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Old 06-01-2017, 06:54 AM   #8
Wenton2
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Default Re: Loser paying the legal fees

Quote:
Originally Posted by CHAR View Post
Is it possible for the court to make a loser pay the legal fees of the winner?

Does that happen very often if ever?
It does not happen often and unlike the UK the US system is quite clear that each side pays it's own fees. For better or for worse it has been that way for 200 years.
There are pros and cons to the system, but no indication that that is going to change in the USA any time soon.
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