New White Paper from LegalResearch.com
What is LegalResearch.com?
LegalResearch.com is a leading provider of on-demand legal research and writing services and has been a trusted partner of litigation firms for over 40 years. With its experienced team of licensed attorneys working across the United States, LegalResearch.com is recognized for its expertise, quality, and responsive to its customers. LegalResearch.com can support your case load across the entire spectrum of the litigation continuum, including court-ready drafting of complaints, pleadings, motions, discovery requests, and Trial and Appellate Briefs.
LegalResearch.com actively publishes thought leadership papers which are designed to provide practical, helpful insight for practicing lawyers around the country. One of its most popular thought leadership papers is entitled, “Turning the Tables: Effective Strategies for Shifting the Burden of Attorneys’ Fees.”
This 20-page paper details how, under the American judicial system, each party bears the burden of paying its own costs and attorneys’ fees in litigation, which leaves the issue of attorney’s fees to be resolved according to the contractual agreement between attorney and client. However, with careful planning and proper strategy, a litigant may be able to recover attorneys’ fees under one or more fee-shifting exceptions. Therefore, it is critical that attorneys not only examine and understand court rules and statutes that allow for fee shifting, but also that they carefully think through, research, and discuss these issues during contract creation with their clients to avoid prolonged litigation over attorneys’ fees provisions.
Key topics that are covered in this white paper include:
- EXCEPTIONS TO THE AMERICAN RULE
- Fee-Shifting Statutes Make Prevailing Parties Whole and Deter Bad Faith Misconduct in Litigation
- Well-Drafted Contractual Provisions Assist in Enforcing the Terms of the Contract
- Fee Shifting in the Court Rules
- The Court’s Inherent Authority to Shift Attorneys’ Fees May Compensate For An Opponent’s Egregious Behavior
- DETERMINING THE AMOUNT OF ATTORNEYS’ FEES
- Attorneys’ Fees May Be Recovered Even if Not Wholly Successful On All Claims
- Conscientious Recordkeeping is Essential to Maximizing Fee Recovery
- FEE AGREEMENTS AND ALTERNATIVE RECOVERY PROVISIONS
- A Clear Representation Agreement With the Client
- An Alternative Fee Recovery Clause Allows An Attorney to Recover Market Rates Even If Charging Reduced Rates to the Client
To download a free copy of “Turning the Tables: Effective Strategies for Shifting the Burden of Attorneys’ Fees,” click here. To download and access other Legal Insights papers published by LegalResearch.com, visit https://www.legalresearch.com/law-insider/litigation-insider/litigation-white-papers/.
If you are looking for an experienced, responsive, and trusted team of attorneys to help with your caseload, LegalResearch.com can help. To learn more, schedule a free consultation or call 800-480-8635 today.