Law Practice
May 5, 2017
California loses with a politicized attorney fees system
As a recent opinion shows, the private attorney general fee award is an asymmetric fee system.
Richard A. Schulman
Email: rschulman@hechtsolberg.com
Richard is an attorney in San Diego specializing in land use and municipal law.
Having a thumb on the scale of justice is a poor way to find the truth. About two months ago, this newspaper ran my column criticizing the system by which courts award attorney fees to politically favored parties. ["Attorney fees system is bad for us all," March 10, 2017]. Unfortunately, a new opinion from the Court of Appeal covering the San Diego area shows that courts will continue to make the system worse.
Traditionally, the "American rule" has been that, absent a contractual pro...
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