QUESTION
In a civil suit, does the loser have to pay the prevailing party's attorneys fees?
Asked on Jan 13th, 2015 on Civil Litigation - Colorado
More details to this question:
According to this website, "Attorney fees are not included in court costs. In the United States, the losing party is not required to pay the winning party's attorney fees unless a law provides for an award of attorney fees in the lawsuit. For example, many consumer protection and environmental laws provide that a winning plaintiff can recover his or her attorney fees. " My daughter is being threatened with a lawsuit (She hired a guy to clean her house, he did a miserable job which required her to hire a second company. to get her house cleaned, so she refused to pay the first guy....) In a consultation with a lawyer, (in Illinois), she was told that she could indeed be sued for attorney's fees. This seems to contradict what I read here. Can anyone explain the reality of the situation? Thank you.
1 ANSWER
The website is correct, except that it left out situations where the parties' contract provides for the payment of attorneys' fees. Does your daughter's contract with the house cleaner provide for attorneys' fees? Absent such a contractual provision, as the website describes, attorneys' fees can be allowed pursuant to statute (e.g. a statute which provides that the prevailing party in such a suit can recover attorneys' fees from the loser.) Also, technically, anyone can be SUED for anything; the question is whether the suing party can win.
Answered on Jan 13th, 2015 at 2:02 PM