Options Exist to Recover Legal Fees In MN

Whether someone can recover legal fees connected to a case they’ve pursued and likely won, there is a set rule. There are exceptions to that rule, however, which allow possible actions to collect fees you feel you deserve following a legal procedure.

The “American Rule” and its Purpose 

The U.S. legal system has something called the American Rule that essentially says both parties in a legal case are expected to pay their own legal fees connected to a lawsuit. 

This rule helps to ensure that those who pursue a case, do so knowing they’re legally responsible for what is to come. Parties won’t pursue frivolous lawsuits if they know the money for their legal fees has to come out of their own pockets. 

Another benefit of the American rule is it doesn’t prevent someone who has relatively little money from pursuing what might be a big lawsuit. Say a big business allegedly scams an individual. 

Without the American Rule, that individual might think, “No way do I want to go after a target who has deep pockets and a team of lawyers, especially if they turn around and ask me to pay for the lawsuit.” 

The justice system is meant to be an unbiased option for all – not just wealthy parties or companies that can afford to take a stand. 

Workarounds That Allow Recovery of Legal Fees

In many types of legal cases, the separate parties, with the aid of their attorneys, can make certain agreements about how a case will proceed. These agreements can include how responsibility for legal fees will play out at the end of a case. 

The other common factors that can sway a court to assign legal fees to a party is if that party acted in bad faith or filed a frivolous lawsuit. Bad faith means a party knowingly acted in a dishonest manner at any point in a case (when filing or during proceedings). 

To be frivolous, the court would have to see that a case never really had any legal basis and/or is being used as a personal attack on someone. 

Talk to an Attorney to Best Understand Fee Details

Types of cases also guide the rules regarding legal fees. Federal cases have their own sets of rules that generally hold the government party liable to pay fees. The rules also vary from state to state, meaning someone who is part of or interested in pursuing a Minnesota lawsuit should talk to a local lawyer about their legal fee options. 

The financial fear of paying legal fees shouldn’t keep you from pursuing a case against someone who caused you or a loved one harm. Talk to a lawyer in Minnesota about your personal injury case, including your concerns about fees, and make a knowledgeable decision about how you can best move forward with your case. 

Our team at White & Associates will give you clear, honest answers to your important questions. Contact or call us today at 763-241-0477 to learn how we can help. 



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