Can I force someone else to pay my court costs and attorney’s fees?

All litigation requires a cost-benefit analysis.  Even if I win my lawsuit, will the time and expense involved be worth it?  Many clients ask us whether their adversary can be compelled to pay the client’s attorney’s fees. The general rule in Illinois is that we do not have a “loser pays” system. In the vast majority of cases, each side pays for their own legal counsel.  Only in rare instances does a settlement agreement provide for payment of another party’s attorney’s fees. A large percentage of civil cases end up being settled. There are exceptions to the general rule. Certain contracts provide that the prevailing party can obtain attorney’s fees from the unsuccessful litigant. There are some statutory provisions that require one party to pay the other party’s fees. Even if a party is entitled to receive attorney’s fees, there is no guarantee that a court will award some or all of the expense actually incurred. Every case is unique. Our attorneys can help you determine if you have a basis to seek attorney’s fees from your adversary and, if so, can help you pursue them or at least use the possibility of a fee award as leverage for a more favorable settlement. Feel free to contact us to discuss which remedies are available to you.