In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys' fees of the prevailing party. There are roughly two hundred statutory exceptions, which were generally enacted to encourage private litigation to implement public policy.
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Description
In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys' fees of the prevailing party. There are roughly two hundred statutory exceptions, which were generally enacted to encourage private litigation to implement public policy.
This report is part of the following collection of related materials.
Congressional Research Service Reports
The Congressional Research Service (CRS) is the public policy research arm of Congress. This legislative branch agency works exclusively for Members of Congress, their committees and their staff. This collection includes CRS reports from the mid-1960's through 2018—covering a variety of topics from agriculture to foreign policy to welfare.
Cohen, Henry.Awards of Attorneys' Fees by Federal Courts and Federal Agencies,
report,
June 20, 2008;
Washington D.C..
(https://digital.library.unt.edu/ark:/67531/metadc26064/:
accessed April 18, 2024),
University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu;
crediting UNT Libraries Government Documents Department.