[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.grossmcginley.com\/resources\/blog\/should-i-sue-things-a-litigant-should-know-about-recovering-attorneys-fees\/#BlogPosting","mainEntityOfPage":"https:\/\/www.grossmcginley.com\/resources\/blog\/should-i-sue-things-a-litigant-should-know-about-recovering-attorneys-fees\/","headline":"Should I Sue? Things A Litigant Should Know About Recovering Attorneys\u2019 Fees","name":"Should I Sue? Things A Litigant Should Know About Recovering Attorneys\u2019 Fees","description":"There are few things as certain as death and taxes.\u00a0 One certainty is that litigation is expensive.\u00a0 […]","datePublished":"2015-03-02","dateModified":"2021-05-17","author":{"@type":"Person","@id":"https:\/\/www.grossmcginley.com\/resources\/author\/zachary-fowler\/#Person","name":"Zachary R. Fowler","url":"https:\/\/www.grossmcginley.com\/resources\/author\/zachary-fowler\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/5f1a00ee482e3bfd0dcba7c538683ca2?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/5f1a00ee482e3bfd0dcba7c538683ca2?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Gross McGinley, LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2015\/03\/attorney-fees-1.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2015\/03\/attorney-fees-1.jpg","height":800,"width":800},"url":"https:\/\/www.grossmcginley.com\/resources\/blog\/should-i-sue-things-a-litigant-should-know-about-recovering-attorneys-fees\/","about":["Blog"],"wordCount":354,"keywords":["Litigation"],"articleBody":"There are few things as certain as death and taxes.\u00a0 One certainty is that litigation is expensive.\u00a0 In deciding whether to pursue a lawsuit, prospective clients frequently ask whether they can recover attorneys\u2019 fees if they prevail at trial.\u00a0 More often than not, the answer is no.\u00a0 Nevertheless, there are limited instances when attorneys\u2019 fees are recoverable.Contract Provision:Attorneys\u2019 fees are recoverable if a fully executed contract explicitly provides for such recovery. \u00a0For example, standard lease agreements typically provide: \u201cin the event that any action or proceeding is brought to collect unpaid rent or to recover possession of the premises, landlord shall be entitled to recover reasonable attorneys\u2019 fees and costs associated with such action or proceeding.\u201d\u00a0 As a result, a prevailing landlord would be able to recover attorneys\u2019 fees.Statutory Provision:Attorneys\u2019 fees are also recoverable if a statute explicitly permits such recovery.\u00a0 For example, the Pennsylvania Unfair Trade Practices and Consumer Protection Law specifically provides that the \u201ccourt may award to the plaintiff\u2026reasonable attorney fees.\u201d\u00a0 Most of the time, these statutory provisions give the court the discretion as to whether attorneys\u2019 fees will be granted.\u00a0 Courts are generally reluctant to exercise that discretion and prefer to have each party bear its own litigation costs and attorneys\u2019 fees.Dilatory, Obdurate or Vexatious Conduct:Finally, attorneys\u2019 fees are recoverable where an opponent is participating in \u201cdilatory, obdurate or vexatious conduct.\u201d In other words, attorneys\u2019 fees may be recoverable if an opponent is litigating in bad faith, perpetrating fraud, dishonesty or corruption upon the court system.\u00a0 Even though litigation can be incredibly contentious, this is an incredibly difficult standard to prove.\u00a0 Typically, it takes a willful violation of court order for a court to order the payment of attorneys\u2019 fees.Prospective litigants should keep these principles in mind as they weigh the costs and benefits of litigation.Zachary Fowler provides litigation support to businesses of all sizes in matters concerning employment discrimination, contract disputes, and medical malpractice defense. He also practices media and publishing law, working with advertising and publishing companies in the preparation of independent contractor agreements, licensing agreements, and non-disclosure agreements."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Resources","item":"https:\/\/www.grossmcginley.com\/resources\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Blog","item":"https:\/\/www.grossmcginley.com\/resources\/\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":3,"name":"Should I Sue? Things A Litigant Should Know About Recovering Attorneys\u2019 Fees","item":"https:\/\/www.grossmcginley.com\/resources\/blog\/should-i-sue-things-a-litigant-should-know-about-recovering-attorneys-fees\/#breadcrumbitem"}]}]