how defendant ask the plaintiff to pay attorney fee

Do opponents have to pay lawyer's fees in a lawsuit?

Plaintiffs’ claim for attorney’s fees. In setting attorney fees, courts should consider “the results obtained.” Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-720 (5th Cir. 1974). If a plaintiff achieves only partial success at trial, full recovery of that plaintiff’s attorney fees may be excessive. Hensley v.

Should the plaintiff pay the defendant’s lawyers’ bills?

Sep 14, 2017 · Most states follow the “American Rule,” which requires parties to pay their own fees if they choose to bring a lawsuit. The only exceptions to that rule are (1) where the legislature has passed a law that allows a winning party to recover its attorney fees (like in many employment discrimination cases and consumer protection cases) and (2) where the parties …

Can a judge force you to pay attorneys'fees?

Jun 02, 2017 · The Court stated in an earlier U.S. Supreme Court decision it held that awarding attorney’s fees to defendants in federal civil rights cases could greatly increase the risks of filing one, overly discouraging plaintiffs, so to get such fees a defendant would have to show the claim was “frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it …

Can a defendant be awarded attorney’s fees in FEHA cases?

Sep 06, 2021 · The short answer is NO. For the PFS to be operable for the Defendant, the Defendant must serve its own PFS. The result of the scenario above is that the Defendant does not have to pay the Plaintiff's attorney's fees. Please note, this response is not meant to encompass additional factors, which may alter the operability of the PFS for either side.

What are the exceptions to the American rule?

Whether an exception to the "American Rule" will apply will depend on the type of case you're involved with and the state in which you live. For instance, you might have to pay when: 1 a contract provision calls for the payment of attorneys' fees, or 2 a statute (law) specifically requires payment of attorneys' fees by the losing side.

What is a contract provision?

a contract provision call s for the payment of attorneys' fees, or. a statute (law) specifically requires payment of attorneys' fees by the losing side. If you're concerned or hopeful that your opponent will have to pay attorneys' fees, check (or ask your lawyer to check) if any exceptions apply to your particular case.

When do attorneys' fees get awarded?

It's common for attorneys' fees to be awarded when the contract at issue requires the losing side to pay the winning side's legal fees and costs. This usually occurs in a business context where the parties have specifically included an attorney fee requirement in a contract.

What is an equitable remedy?

(In law, equity generally means "fairness," and an equitable remedy is a fair solution that a judge develops because doing otherwise would lead to unfairness.) This type of equitable remedy—granting attorneys' fees to the winning side—is often used when the losing side brought a lawsuit that was frivolous, in bad faith, or to oppress the defendant, and the defendant wins.