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Time and time again, clients come to our firm seeking to pursue a party for breach of contract and ask if they can recover the attorneys' fees they have to pay to chase the ?bad guy.? The short answer, in virtually every case, is ?No,? unless the contract provides for a recovery of attorneys' fees or if attorneys' fees ...
(b) In every proceeding for the enforcement of an order or judgment when the court finds that the failure to comply with the order or judgment was without compelling cause or justification, the court shall order the party against whom the proceeding is brought to pay promptly the costs and reasonable attorney's fees of ...
The prevailing party clause in the Illinois Mechanics Lien Act provides that if the claimant is awarded at least 75% of the amount claimed, it is entitled to recover reasonable attorneys' fees up to the penal sum of the bond remaining after payment of the award plus interest.
In Illinois, attorneys' fees are not always recoverable, even if you "win" your lawsuit. Illinois is an "American Rule" jurisdiction which means that each party to litigation pays for her or her own attorneys' fees.
Contingency fees mean you will pay the lawyer a certain percentage of the money you receive if you win the case or settle the matter out of court. If you lose your case, the lawyer does not receive any payment from you.
The General Rule in California: The Winner Does NOT Receive Attorney Fees and Costs: There is a common misconception that court decisions require the loser in a lawsuit to reimburse the winner for the fees and costs incurred during the lawsuit.