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In the United States the "American rule" is generally followed, each party bearing its own expense of litigation. However, 35 U.S.C. § 285 provides that in patent cases, the losing party may have to pay attorney fees of the winning party if the case is deemed "exceptional."
Many statutes at both the federal and state levels allow the winner to recover reasonable attorney's fees, [3] and there are two major exceptions in federal case law as well. [ 4 ] Under Rule 54(d) of the Federal Rules of Civil Procedure , [ 2 ] federal statutes may supersede the default rule of not awarding attorney fees.
In the English legal system, a contingent fee is generally referred to as a conditional fee agreement (CFA) or, informally by the public and press, as "no win no fee". The usual form of this agreement is that the solicitor will take a law case on the understanding that if lost, no payment is made.
The United States is a notable exception, operating under the American rule, whereby each party is generally liable only for costs (e.g., filing fees, motion fees, fees for service of process, etc.) but not the other side's attorney's fees unless a specific statute or rule of court provides otherwise. [28]
Negligence by the attorney, A loss or injury to the client caused by the negligence, and; Financial loss or injury to the client. To satisfy the third element, legal malpractice requires proof of what would have happened had the attorney not been negligent; that is, "but for" the attorney's negligence ("but for" causation). [3]
A Georgia judge chastised state prosecutors Wednesday for mishandling confidential emails between a defense attorney and three Atlanta activists who face racketeering charges connected to violent ...
Solicitor General - The Solicitor General is the chief litigation policy advisor to the attorney general, providing comprehensive oversight of state and federal litigation for Indiana. The solicitor general also handles specific cases involving constitutional challenges, pursues cases with issues of vital interest to the state government, makes ...
The government of Indiana is established and regulated by the Constitution of Indiana. The state-level government consists of three branches: the judicial branch, the legislative branch, and the executive branch. The three branches share power and jointly govern the state of Indiana. County and local governments are also constitutional bodies ...