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The loser pays principle does not apply under the United States legal system unless there is a specific statute awarding fees to the prevailing party. [2] Alternatively, the contract between the parties may provide that the prevailing party is entitled to recover attorney's fees from the losing party.
This is an accepted version of this page This is the latest accepted revision, reviewed on 30 January 2025. Lawyer with a special focus See also: Personal injury The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as ...
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.
Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney (lawyer or law firm) for a client, in or out of court. Fees may be an hourly, flat-rate or contingent fee.
Several states also have exceptions to the American rule in both statutes and case law. For example, in California, the Consumers Legal Remedies Act allows plaintiffs to recover attorney's fees, [7] and in insurance bad faith cases, a policyholder may be able to recover attorney's fees as a separate component of damages. [8]
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