Can I force the other side to pay my attorney’s fees?

Many clients are rightfully concerned about the cost of litigation and frequently 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. Even the most successful litigant must factor in the net they will receive after paying for their attorney’s services. 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. Feel free to contact us to discuss which remedies are available to you.