As a general rule, and in the overwhelming majority of cases, each side is responsible for their own attorney’s fees and costs, and rarely are fees and costs imposed on the person who sued someone and lost.
There are certain things which could change this, because unfortunately (or fortunately) in the law, there are exceptions to every general rule.
Here are three examples I can think of off my head.
(1) You could sue someone, it is determined to be frivolous, and fees and costs can be imposed on you.
(2) You could sue someone, they send you an offer of judgment during the case, you reject that offer, continue to trial, and get a result that is a certain percentage less than the offer of judgment, and fees and costs can be imposed on you.
(3) You have a contract between you and your adversary that sets forth who is responsible for attorney fees – you sue the other side, you lose, depending on the wording, you could be responsible for the other side’s attorney fees.
All of these scenarios are fairly rare. Your best bet, as in almost all cases, is to contact an attorney directly, give that attorney the complete facts, and get an opinion.
Each case is fact senstive, so all answers should be viewed as general advice only, and should never replace a thorough and in depth consultation with an experienced attorney. Further, an answer should not be seen as establishing an attorney-client relationship.
depends on the type of case.
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Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.
That being said, the "American Rule" applies in all states for most claims - each party bears their own attorneys' fees. Court costs, which tend to be a small fraction of the total of fees and costs, can be assessed against the losing party. Some claims, however, allow you to demand attorneys' fees if you win, but generally do not require you to pay them if you lose. A frivolous claim or behavior during litigation can subject you to sanctions, including payment of your opponents' attorneys' fees.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
Employment, Business and Health Law
One Belmont Avenue, Suite 501
Bala Cynwyd, PA 19004
Answered 8 months ago. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law apply, unless otherwise specified. /Christopher E. Ezold/ The Ezold Law Firm, P.C. One Belmont Avenue, Suite 501 Bala Cynwyd, PA 19004 (610) 660-5585 Cezold@Ezoldlaw.com www.ezoldlaw.com