legal fees given in civil cases?

Question

I have been told that legal fees are rarely given in civil cases. Is this true? I would think that someone could sue another for whatever amount they want.

Answer 1

it depends what you being sued for I would need to know more details to answer that for sure since I not a lawyer I don't know. but sometimes it can be high

Answer 2

Sometimes attorney's fees and legal fees are awarded, sometimes they aren't, it all depends on the nature of the case and if there were any contractual agreements made to accept any liability for court costs to enforce the terms of a contract. In any case, it's up to the judge to determine what a "reasonable" amount is when making the judgment. It's rare for a plaintiff to get the amount they're asking for.

Answer 3

As a general rule, you can only collect legal fees in civil cases if there is a written contract with an attorneys fees clause involved in the lawsuit, OR there is a special statute that says you can collect legal fees (as you will find in employment discrimation lawsuits, civil rights lawsuits, etc.)

You are correct that you can "sue" for anything ... but you can only collect damages allowed by law.

Answer 4

Most states follow what is called the “American Rule” respecting attorneys’ fees. Each party normally shall pay its own, absent an agreement or a statute authorizing the contrary. Except as attorney’s fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties.

Some types of claims specifically allow for prevailing party attorney's fees. But in most civil cases, you cannot recover attorney's fees.

Answer 5

That's what I've always heard as well. Someone can sue for whatever amount they want, but that doesn't mean they will be awarded that.