Delaware Sample Letter for Explanation of Attorneys Fees and Settlement Payment
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How to fill out Sample Letter For Explanation Of Attorneys Fees And Settlement Payment?
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FAQ
The American Rule is a rule in the U.S. justice system that says two opposing sides in a legal matter must pay their own attorney fees, regardless of who wins the case. The rationale of the rule is that a plaintiff should not be deterred from bringing a case to court for fear of prohibitive costs.
The ?American Rule? requires each party to bear its own attorney's fees in litigation absent a statutory or contractual exception. [i] Fee-shifting provisions are the exceptions to that general rule.
The American rule for attorney fees requires each party to pay its attor- ney, win or lose; the English rule (applicable in most of the world) requires the losing party to pay the winner's reasonable attorney fees. We study fee clauses in 2,347 contracts in large corporations' public securities filings.
There are four exceptions to the American Rule where a prevailing party may be awarded attorney's fees: ?(1) the parties to a contract have an agreement to that effect, (2) there is a statute that allows the imposition of such fees, (3) the wrongful conduct of a defendant forces a plaintiff into litigation with a third ...
(?Delaware follows the 'American Rule,' whereby a prevailing party is generally expected to pay its own attorney's fees and costs.?).
