The Edmond Sun

Features

November 9, 2012

Attorney fee recovery not always in the cards

EDMOND — Q: I need to file a lawsuit, but am worried about the expense. Can I make the other side pay my attorney fees?

A: Many factors go into deciding whether to file a lawsuit. The first thing you need to do is make sure you have a valid claim for which you are entitled to relief.  A bad claim not only can clog the judicial system with an unnecessary lawsuit, but can expose you to significant expense — perhaps even attorney fees to the other side if you lose.

Once you know you have a valid claim, the cost of the lawsuit is usually the biggest factor to evaluate. Consider here not only the money you may spend, but the time you will have to invest in the litigation. Lawsuits take time, and can take on lives of their own in ways that can seriously impact your daily existence. But sometimes litigation is necessary. If you take that step and ultimately win the lawsuit, will the other side be liable for your attorney fees?

Here the judicial world is split in two. Some jurisdictions follow the English Rule, which provides that the victor generally recovers his attorney fees. Most jurisdictions, though, including Oklahoma, follow the American Rule. The American Rule breaks from the tradition of the judicial motherland to say that each party pays its own fees regardless of who wins. Of course, like many rules of jurisprudence, the American Rule might be considered more of a guideline than a rule. That is to say, there are exceptions.

Oklahoma law provides two main exceptions to the American Rule. If the lawsuit is based on a contract that says the winner of a lawsuit gets attorney fees, you will recover your attorney fees if you prevail. In addition, if the Legislature has provided that the prevailing party in your type of case is entitled to fees, the court will award your fees if you win.

Oklahoma statutes allow attorney fees to the victor in a number of actions. If you win a lawsuit for unpaid labor, on a note or open account, for payment of a check returned for insufficient funds, for injury to property or to enforce a warranty, you are generally entitled to attorney fees. Numerous other exceptions apply. To determine whether your claim entitles you to attorney fees if you win, you should consult an attorney before filing suit.

    

MATT HOPKINS is an attorney for Lester, Loving & Davies P.C. More information is available at lldlaw.com. Send questions to questions@lldlaw.com.

1
Text Only
Features
  • Final step to train toddler with baby on way

    Q: Using your advice, I successfully toilet-trained my daughter by age 16 months. It is now three months later and we are still using diapers at naps and nighttime. At her nap, which lasts several hours, she fully soaks her diaper. At night, she is taking off her diaper prior to falling asleep, wetting the bed after she goes to sleep and then crying for us when she wakes up in a pool of pee. Is this a sign that I should begin night training? I'm hesitant to do this because I am 8 months pregnant and don't relish the idea of waking up several times a night to take her to the bathroom and tending to a newborn as well. I would prefer to continue using diapers until she is old enough to get out of bed and take herself to the potty (even a potty in her room). Is this unrealistic? Or should I just deal with the extra night wakings and start taking her to the potty a few times a night now? If not, how do I keep her diaper on at night?

    July 25, 2014

  • Living Smart: How landscaping can deter intruders, pests

    Done right, landscaping can do much more than attract compliments and boost your property value. It can help you repel intruders, both human and natural.
    Landscaping experts who’ve earned high marks from Angie’s List members say overgrown bushes and shrubs are like welcome mats to burglars. Keep plants and trees trimmed. Place thorny but attractive bougainvillea or barberry bushes under windows, sending would-be thieves a sharp message to go elsewhere.

    July 25, 2014

  • 7-26 YARD OF THE WEEK.jpg Ganns earn Yard of the Week honors

    This week’s “Edmond Yard of the Week” winner has been in existence for 44 years at 105 Barbara Drive, but looks fresh and new thanks to longtime residents Betty and Gordon Gann as they fill their garden spaces to overflowing with colors and textures.

    July 25, 2014 1 Photo

  • Discard the boredom of family game night

    We’re all about families having fun together, and game night is one of the best ways to do that. But playing the same games over and over can get a little stale. So in the interests of injecting a little more fun into your family’s game night, here are some great choices that will keep you and yours engaged and laughing.

    July 25, 2014

  • What’s normal age for voice change?

    Q: When is it normal for a boy’s voice to change? My son is 10, and his voice is getting deeper every day.
    A.: “It’s a very variable process,” says pediatrician Bonnie Miller, associate director of general pediatrics at Winthrop-University Hospital in Mineola, N.Y.. “Puberty will begin as early as age 9. Generally with the advent of puberty, the voice box changes.”

    July 25, 2014

  • IMG_2996.JPG Krazy Daze hits downtown Edmond

    Newly transplanted Edmond residents Hannah Brenning, Cheyenne Middle School 8th grader; Jordan Brenning, Cross Timbers 4th grader; and Sydney Brenning, North High School freshman; check out the items in front of Sterling's in downtown Edmond during the Krazy Daze Sale lasting through Saturday. Businesses will open their doors at 10 a.m. and close at 5:30 p.m.

    July 25, 2014 1 Photo

  • Living history presented at metropolitan libraries

    Hear stories of pace setting women in different eras throughout history. Biographies of Wild West trailblazers, The Harvey Girls, WWII assembly line champion-Rosie the Riveter, mail order bride Mary Elizabeth Walker, and Oklahoma society lady Stella Louise Wilson-Johnson will be reenacted by gifted and prolific storyteller Barbara Byrd.
    Stella Louise Wilson-Johnson was the wife of a prominent Guthrie attorney who shares her experiences and adventures during the early days of Oklahoma statehood. Her presentation will be at 7 p.m. Monday, July 28, Edmond Library, 10 S. Boulevard. For more information, visit www.metrolibrary.org

    July 25, 2014

  • Preparing for a fall home garden

    Gardening can be a year-around activity for those that have an appreciation for fresh and nutritious vegetables. Some of the best vegetables in Oklahoma are produced and harvested during the cooler weather of fall. Successful fall gardens, however, require some work in the summer growing season. Factors to be considered are location, soil preparation, crops to be grown and how/when to plant.  
    The major consideration for garden placement is sunlight. All vegetables require some sunlight; the most popular vegetables require full sun. “Full” sun means at least 8 hours of intense, direct exposure.

    July 24, 2014

  • Fall gardening season has arrived

    Even though the temperature is hot and there are still summer vacations on the calendar, it is time to start thinking about planting your fall garden.
    Most Oklahoma gardeners are still reaping the rewards of their spring gardens, said David Hillock, Oklahoma State University Cooperative Extension consumer horticulturist, but it is not too early to plan for fall gardening crops.

    July 23, 2014

  • Receive 10 free dogwood trees from Arbor Day Foundation

    Add color to your landscape year-round by joining the Arbor Day Foundation in August.

    July 23, 2014