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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.
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]
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 ...
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]
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 ...
Attorney misconduct is unethical or illegal conduct by an attorney. Attorney misconduct may include: conflict of interest, overbilling, false or misleading statements, knowingly pursuing frivolous and meritless lawsuits, concealing evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument ...
Carter worked as an enforcement attorney for Indiana's secretary of state and as deputy chief of staff to Democratic Indiana Governor Evan Bayh, helping to reform health and human services in the state. Carter ran for Indiana Attorney General in 1992. Carter ran against Republican Timothy Bookwalter (a public defender from Putnam County), with ...