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1 Ordinarily, fees paid to attorneys are not recoverable from the opposing party as costs, damages or otherwise, in the absence of express statutory or contractual authority.

For now, the general rule in America remains that each party pays its own lawyers. Although the American Rule generally prevents parties from recovering their legal fees, there are exceptions.These statutes do not, however, permit prevailing defendants to recover their fees.

To recap: fees are the amount paid for the attorneys' time and effort working on your case, costs are the amount paid for out-of-pocket expenses on your case. Every case will have both fees and costs. Be sure you understand the difference.

Failure to collect a large legal fee can endanger the lawyer's standing in his firm and within the larger legal or client community. Fee collection claims often lead to ethical complaints, and counterclaims for malpractice, fraud, breach of fiduciary duty, or breach of contract.

The short answer to your question is yes, but only in limited circumstances. Ordinarily if you are charged with a criminal offence, plead not guilty, are taken to trial and are then acquitted (either by magistrates or a jury) you will not be liable to pay court costs.

In the United States, the rule (called the American Rule) is that each party pays only their own attorneys' fees, regardless of whether they win or lose. Even so, exceptions exist.

Reasonable attorneys' fees, including: time and labor required, novelty and difficultly of the issues, skill required, customary fees charged in the locality, amounts involved and results obtained, nature and length of representation, and experience and reputations of the lawyer).

In California, generally, each party pays its own attorneys' fees, no matter who is the prevailing party unless there is either a contract at issue in the lawsuit containing an attorneys' fee clause or if the lawsuit involves a statute which provides for a recovery of attorneys' fees to the prevailing party.

Oregon Statement for Attorney Fees and Costs for Plaintiffs

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Are attorneys fees considered damages?

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