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In those matters, people often wonder if they can recoup attorneys' fees if they prevail. In general, the answer in North Carolina is no, they won't be able to recover attorneys' fees. Typically, each party pays its own fees, no matter who prevails.
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.
In any civil action, special proceeding, or estate or trust proceeding, the court, upon motion of the prevailing party, may award a reasonable attorney's fee to the prevailing party if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party in any ...
A contingency fee case means the client pays nothing at all unless the lawyer wins the client money. Once you receive money from either a settlement or verdict, contingency lawyers receive a certain percentage of that settlement or verdict for our services.
(b) In no event shall the aggregate contingency fee exceed fifty million dollars ($50,000,000), exclusive of reasonable costs and expenses, and irrespective of the number of lawsuits filed or the number of private attorneys retained to achieve the recovery.
Lawyers consider various factors when setting their fees. A lawyer who is well-known in a certain area of the law might charge more than someone who is not. A lawyer also may consider the complexity of the case and the amount of time your matter could take.