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The tort of another doctrine is an exception to the ?American Rule? which allows for recovery of attorney's fees which are incurred as a result of another party's wrongful actions.
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.
Massachusetts General Laws Ch. 186, Section 14 is a good example of a fee-shifting statute. It provides for reasonable attorney's fees in certain landlord-tenant disputes where the landlord is in violation and subsequently loses the case.
Massachusetts adheres to the ?American Rule? when it comes to litigants' attorney fees. This rule requires both parties in a lawsuit to pay their own legal costs, regardless of the trial's outcome. In other words, the winning party cannot recover his legal fees from the losing party.
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.