Attorney's fee: who pays it?

When a client comes to me with a potential lawsuit, one of the things that I research and discuss with the client is the potential liability for the other party's attorney's fee. That is, if the client lose, he will also have to pay the other party's attorney's fee–which may be more than what they thought it would be.Most states adhere to the "American System" when it comes to lawsuits. This means that each side, win or lose, pays for their own lawyer. As a potential plaintiff, you can decide whether it's worth the legal expense to pursue a claim against someone. On the other hand, as a defendant, this means that if you are pulled into a lawsuit, you don't have a choice but to hire a defense lawyer. This system may seem unfair if you're a defendant, but it's designed to encourage settlement over litigation: neither side will want to spend more than the value of the claim. Who wants to spend $10,000 on a lawyer if the maximum…

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