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, ... Read More
12
Jul2018
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 ... Read More
11
Aug2015
The legal system is the default mechanism to resolving problems that cannot be worked out through a vast number of other mechanisms, such as through church or family intervention, social pressures, or just walking away. Usually, the cost, unknowns, and stress compound and make this event one of life’s major stressors.
Over time we have gathered many valuable insights that may help you in any civil litigation you are involved in--to help your lawyer help you try to ... 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 ... Read More
04
Oct2011
Over the last several years, civil mediation has ‘caught on’ and has become the way almost all state-court legal disputes that would have been decided by a jury are now settled.
A large number of cases that would ordinarily be decided by an Indiana trial court judge are also resolved in mediation under the watchful guidance of judges in the case and the attorneys that practice before them.
At a basic level, Ciyou & Dixon, P.C. attorneys observe most litigants have a general ... Read More