Proposals for Settlement • Attorney’s Fees
In the United States, unlike in most of the rest of the world, the general rule is that a party pays her own attorney’s fees, win or lose. But there are some exceptions to the “American rule.” Attorney’s fees can be derived from contract, for example, or through statute. Or they can be derived from both, regardless of the parties’ “intention” as expressed through contract. The theory behind this is that the big-wigs write the contracts while those with smaller wigs sign them (or don’t) without negotiating the details.
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