Legal Question in Civil Litigation in California

Re: attorney's fee paid

Generally the defendant is not required to pay a successful plaintiff's legal fees. There are exceptions for cases involving a statute that specifically requires such a payment or alleging breach of a written contract with a similar provision. It is also possible to reach a settlement agreement in which the defendant agrees to pay these fees.

Re: attorney's fee paid

Typically, attorney fees are not awarded unless provided by statute or the claim or defense of an action is deemed frivolous. If you need further assistance, contact us directly.

Re: attorney's fee paid

California follows what is called the �American Rule� respecting attorneys� fees, meaning that each party shall pay its own, absent an agreement or a statute authorizing the contrary. Code of Civil Procedure �1021 states that:

"Except as attorney�s fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties . . ."

Code of Civil Procedure �1033.5 doe �provides� for the recovery of attorneys� fees. However, attorneys� fees are recoverable as costs of litigation only when they are authorized by any of the following: (a) Contract; (b) Statute; or (c) Law. Code of Civil Procedure �1033.5(a)(10). Absent authorization by way of one of these three exceptions, a party must pay its own attorney fees. Code of Civil Procedure �1021.

If you have a type of claim that includes the potential to recovery attorneys' fees, you must win the case and trial and then file a motion to request that the judge award you the fees. You also have the option of negotiating a settlement that includes payment of legal fees.