American Rule vs. English Rule for Attorney's Fees

Under the American Rule, each party to a lawsuit pays for its own attorney's fees, regardless of who wins. By contrast, under the English Rule, the losing party in a lawsuit pays the winning party's attorney's fees. 

Illinois and Indiana both follow the American Rule, but with some exceptions.

One exception is that if a party brings a frivolous lawsuit and loses, that losing party could be liable for the winning party's reasonable attorney's fees. This exception to the American Rule helps to deter people from using lawsuits to harass others or pursue legal claims in bad faith.

Another exception is fee-shifting statutes, such as the Illinois Wage Payment and Collection Act and the Indiana Wage Payment Statute. If an employee-plaintiff wins her claim under one of these statutes, the losing employer-defendant could be liable for the plaintiff's attorney's fees.

Thickstun Luo LLC may be able to help you pursue a legal claim. Contact us today for a consultation.

LEGALESE is an online blog by Thickstun Luo LLC. The blog explains legal terms and concepts in plain English.

Disclaimer: The LEGALESE blog and the posts therein do not form an attorney-client relationship between you and Thickstun Luo LLC. Furthermore, this blog is not intended to render legal advice regarding your specific situation. You should consult an attorney for specific legal advice. Some content in LEGALESE blog posts pertain to state-specific legal rules and concepts that may not be applicable in every jurisdiction.