When Can a Party Recover Attorneys’ Fees in Litigation?

Many persons, both individuals and businesses, approach potential litigation with an expectation that, if they are successful, they can recover the attorneys’ fees that they incur in the litigation from the other party.  Given the expense that a party may incur in attorneys’ fees in a lawsuit and how much this amount may affect the net amount a party may actually recover (as a plaintiff) or be forced to pay (as a defendant), the accuracy of that assumption and what can be done to ensure that attorneys’ fees can be recoverable may have a large impact on the decision of whether to litigate at all or at what amount to settle a lawsuit. (more…)