A common statement or question from litigants relates to obtaining attorney’s fees for the expenses for their attorney in general civil litigation and divorce and paternity cases. Most of America’s laws are based on English common law. Under common law, the prevailing (or winning) party was entitled to receive an award of fees from the loser. In our society, this would be a difficult rule to apply as some cases have multiple parties and/or legal issues and a party may “win” some and “lose” some legal issues.
For this and many other reasons, America rejected this legal concept and each side ... Read More