QUESTION
Does the state follow the American Rule or the English Rule with regards to awarding attorney fees?
Asked on Dec 08th, 2013 on Personal Injury - Michigan
9 ANSWERS
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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There is no attorneys fee available in personal injury cases.
Answered on Dec 13th, 2013 at 6:37 PM
Ronald A. Steinberg
I believe that you are asking "does the loser pay the winner's lawyer?" If so, under Michigan law is: It depends. We have a process during the pre-trial litigation which is called "Case Evaluation." In that process, a panel of competent and experienced attorneys determine a reasonable settlement value of the case, and if the party that rejects that evaluation award fails to do at least 10% better at trial, the rejecting party MUST pay all of the legal fees and costs of the other party or parties lawyers from the time of the case evaluation through trial.
Answered on Dec 13th, 2013 at 6:36 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You ask if "the state" follows a certain rule, but you don't tell us what state you are referring to. Take a guess: "American Rule". What does that phrase suggest to you?
Answered on Dec 13th, 2013 at 2:54 AM
James Eugene Hasser
It depends on what kind of case you are talking about and where it is filed, but generally, the American rule is followed in America, and the parties eat their own fees.
Answered on Dec 12th, 2013 at 6:54 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Idaho follows the American rule but has a couple of statutes that allow plaintiffs to recover attorney fees.
Answered on Dec 12th, 2013 at 6:54 PM
Defective and Dangerous Products Attorney serving Middleton, WI
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Atterbury, Kammer, S.C.
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Wisconsin follows the American rule.
Answered on Dec 12th, 2013 at 3:01 PM
1 Award
The American Rule.
Answered on Dec 12th, 2013 at 3:01 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Atty fees are based on many different statutes many situations there is no such thing as the American rule or the English rule. where did you get those terms?
Answered on Dec 12th, 2013 at 3:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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All of the states generally follow the American rule, with statutory exceptions.
Answered on Dec 12th, 2013 at 2:20 PM