Focus (Forum & Focus)
Feb. 5, 2009
It's a Fee Country
Counsel representing plaintiffs in contract disputes should not perfunctorily pray for attorney fees without first analyzing whether their client is indeed entitled to such fees, writes Michael Paul Thomas. - Focus Column
FOCUS COLUMN
By Michael Paul Thomas California has adopted the "American" rule of each party bearing its own attorney fees in litigation, unless otherwise provided by contract or statute. Code of Civil Procedure Section 1021; Trope v. Katz, 11 Cal.4th 274 (1995); Covenant Mutual Ins. Co. v. Young, 179 Cal.App.3d 318 (1986). When a contract does provide for attorney fees to the prevailing party in a dispute involving the contr...For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In