Winning Legal Battles: How to Make the Other Side Pay Your Attorney’s Fees
Download MP3 Description
- Can You Get Your Attorney’s Fees Paid by the Other Party?
- If you're suing someone or being sued, is there a way to have the other party cover your legal fees?
- Some contracts include a clause stating that the losing party must pay attorney's fees.
- Even without such a contract, there are legal doctrines that might allow you to recover costs.
- The Wrongful Act Doctrine
- Some states recognize the Wrongful Act Doctrine, which allows recovery of legal fees if the other party acted improperly.
- Possible triggers for this doctrine include:
- Hiding assets or concealing information
- Failing to respond to subpoenas
- Engaging in fraudulent transactions
- Violating consumer privacy laws during an investigation
- If these actions are proven, you may be able to petition the court to have the other party cover your legal costs.
- Contractual Attorney’s Fees
- If a contract states that the losing party pays attorney’s fees, it typically applies to both sides.
- Even if the contract only mentions one side, most jurisdictions enforce fairness, applying the rule to both parties.
- Strategic Advantages in Litigation
- Catching the opposing party in violations can give you legal and financial leverage.
- Courts have broad authority to apply sanctions or require the opposing party to pay your costs.
- These fees could include:
- Attorney’s fees
- Investigative costs
- Additional discovery expenses
- Legal Precedent and Exceptions
- The general rule in most states: Each party pays their own legal fees.
- The exception: The wrongful act or improper behavior of the opposing party.
- While it may not always be explicitly called the "Wrongful Act Doctrine" in legal texts, motions to recover costs or compel discovery often follow this principle.
- Why This Matters
- Litigation is expensive, and leveraging these rules could save thousands in legal fees.
- The ability to recover costs could even shift the outcome of a case.
- Many cases have been won simply by exposing misconduct and utilizing legal strategies effectively.
Disclaimer: We are not attorneys and do not provide legal advice. Always consult a qualified attorney for guidance on your specific case.
