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Litigation

Apr. 19, 2002

Award of Attorney Fees Hinges On Discretion of Trial Judge

Focus Column - By Keith Phillips - The "American Rule" with regard to attorney-fee awards requires litigants to pay their own attorney fees. See Code of Civil Procedure Section 1021. However, if allowed by statute, contract or other agreement, the trial court may award the prevailing party attorney fees. Other exceptions also exist, such as the "private attorney general," "substantial benefit" and "common fund" exceptions.

        Focus Column
        
        By Keith Phillips
        
        The "American Rule" with regard to attorney-fee awards requires litigants to pay their own attorney fees. See Code of Civil Procedure Section 1021. However, if all...

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