One question we frequently hear from our clients is “can I get attorney fees?” Unfortunately, the answer to this question is, it depends. The main reason for the uncertainty surrounding the ability to obtain attorney fees is due to the fact that our legal system follows what is known as the American Rule. The American Rule is a deviation away from the old common law rule (known as the English Rule), which required the losing party of a particular matter to pay the winning party’s attorney fees. However, under the American Rule, the presumption is that both parties pay their ... Read More
Tag: American Rule
06
Feb2020
18
Dec2019
A common question litigants have in family law cases is whether there is a way they can be reimbursed for their attorney’s fees? The answer is somewhat complicated and it depends. In most litigation in the United States, we follow the “American Rule”, which is each side pays its own attorney’s fees. However, in divorce and paternity cases in trial courts and on appeal there are ways a party may recover some or all of his or her attorney’s fees. This blog covers what you need to know about attorney fee awards in divorce and paternity cases.
Perhaps the most common ... Read More
25
Jun2019
You’ve probably heard the old phrase, “I’ll appeal it!” But what does that mean? Your first mental image may be an argument before justices of the United States Supreme Court in a landmark case like Brown v. Board of Education or Roe v. Wade. For Indiana litigants, there is the remote possibility that a case that originates in an Indiana trial court may wind up in SCOTUS. However, the chances are slim. If you do not believe your Indiana judge or jury has decided your case correctly, you will most likely appeal to the Indiana Court of Appeals. While this ... Read More
16
Sep2015
Legal matters, particularly lawsuits, address complex matters that tear at the social fabric of our diverse society, ranging from criminal cases, such as murder, to a hostile divorce proceeding between spouses disputing custody. As wide spread misconception is that the other side, who litigants often believe will “lose,” should or will be ordered to pay legal fees.
In the United States, and in Indiana,1 started with English law or common law. Under the English Rule, the party that loses or does not prevail pays the legal fees for both litigants. However, the US and Indiana quickly adopted the “American Rule” in ... Read More