The Short Answer: Don’t Do It!
It is easy to see the news story of the day, reality TV, or talk with someone about their court experience and think lying is acceptable and a sign of the times. Good or okay? No. It is not, and every attorney and jurist will tell you the integrity of the system is based on honest answers that are made under the penalty of perjury. It is the ugly side of law that people will lie to try to obtain a legal advantage.
In fact, perjury means if you lie in court and it is discovered, ... Read More
Tag: bad faith
02
Sep2015
12
Feb2015
Under the law in the United States, including Indiana, the American Rule is followed regarding legal fees. The American Rule directs, absent agreement or statute or other authority, each side pays his or her own legal fees.1
Nevertheless, within divorce and paternity matters, there are a number of provisions that allow a trial court to award attorneys fees where there is a financial imbalance between the parties, particularly where children are involved. This is likely due to the inherent policy that such litigation is necessary for the court to do its job and determine a child’s best interests.
With all appeals, a ... Read More
23
Sep2014
Often, parties engaging in litigation have spent countless hours and invested huge portions of their lives into their case. And, there is often a great expense to litigating, in both preparation, job impact (taking time off for Court and to prepare for your case), and attorney fees. So, can some of that money spent be recouped?
In Indiana, the American Rule as relating to attorney fees is generally followed. That is, that each party pays his/her own attorney fees. However, there are exceptions to the American Rule. This blog will explore some general exceptions in family law that may allow a ... Read More
22
Jan2013
When it comes to who pays attorney fees in civil litigation, there are two historical rules. First, the English rule, and it is the oldest rule, dating back to before America had its own legal system. The English rule mandates that the loser pays all the attorney fees for both sides. Second is the American rule, which has been adopted by all but Alaska. The American rule states that each side in a civil matter, pays their own fees, regardless of who prevails in the end.
The English rule serves to penalize, even an innocent actor who believes they have a ... Read More