Friday, April 26, 2013

Attorneys Fees: The American Rule

Arkansas courts follow the "American Rule" with regard to attorneys' fees.  This means that, as a general rule, both parties to a lawsuit bear their own fees and costs.  To first-time litigants, this rule often seems unfair.  However, there are numerous exceptions to this rule involving statutes that permit a prevailing party to request judgment against the other party for fees incurred in the defense or prosecution of his or her case.   Fortunately, an experienced attorney can help his or her clients soften the impact of the American Rule by carefully crafting his or her client's claims so that they fall within these statutes.  Such claims include, for example:
photo credit: kbjesq
  1. Actions for collection on an open account
  2. Actions on a promissory note
  3. Actions for breach of a written contract
There are many other causes of action where a statute allows the prevailing party to petition the court for his fees.  A business can also protect itself by inserting a mandatory fee provision in its contracts.  An experienced attorney can help your business maximize its recovery in litigation--including the recovery of fees spent protecting your rights.

16 comments:

  1. Great to know... Fees should be equally justified.. Commercial Litigation Lawyers are professionals, they don't charge fees higher or upon the cases.. They charge them as required.. That a good professionalism hey have.. So choose your attorneys and make you business keep going.. Thanks

    ReplyDelete
  2. Great post Cale Block, specifically "An experienced attorney can help your business maximize its recovery in litigation--including the recovery of fees spent protecting your rights."

    ReplyDelete
  3. As a lot of business owners follow your blog , thus I would like to draw your attention to vdr virtual data room. It is kind of a cloud where you can store and share your data and even make business deals.

    ReplyDelete
  4. What a fantabulous post this has been. Never seen this kind of useful post. I am grateful to you and expect more number of posts like these. Thank you very much.
    california coastal commission

    ReplyDelete
  5. No matter how frequently I read this, I will never get exhausted of it.
    Joseph Hayon

    ReplyDelete
  6. I was surfing net and fortunately came across this site and found very interesting stuff here. Its really fun to read. I enjoyed a lot. Thanks for sharing this wonderful information. Detroit MI

    ReplyDelete
  7. Thanks for your information, it was really very helpful: Elia & Ponto

    ReplyDelete
  8. Thank you for another great article. Where else could anyone get that kind of information in such a perfect way of writing? I have a presentation next week, and I am on the look for such information. Warnings Expert

    ReplyDelete
  9. The best law firms are aware of recent changes in their area of specialization. They can change strategy and become the power to their clients by exhibiting their knowledge in a particular area of law.criminal defence Toronto

    ReplyDelete
  10. Thanks so much for this information. I have to let you know I concur on several of the points you make here and others may require some further review, but I can see your viewpoint. class action lawsuit lawyers

    ReplyDelete
  11. This particular papers fabulous, and My spouse and i enjoy each of the perform that you have placed into this. I’m sure that you will be making a really useful place. I has been additionally pleased. Good perform! california labor attorney

    ReplyDelete
  12. Great article you have been shared here. If you are looking for the real estate lawyer then you can get from stevensandgoldwyn.com. For the more details you can visit here real estate attorney miami

    ReplyDelete
  13. wow wonderful article can you help me out ? Write for us law

    ReplyDelete
  14. Positive site, where did u come up with the information on this posting? I'm pleased I discovered it though, ill be checking back soon to find out what additional posts you include.
    new jersey elder law

    ReplyDelete
  15. Thinking of consistently foreclosures in florida on the agenda limited if it is bill-paying time? Will them appear to be any take-home pay shrinks plus every single payment evolves astronomically? Visit Website

    ReplyDelete