Can I Recover My Attorney Fees?

One of the common questions that an Arlington civil litigation attorney is accustomed to hearing is whether a plaintiff is entitled to recover the attorney fees that he or she incurred in pursuit of a case. Your Arlington civil litigation lawyer can explain that each party is generally required to provide for his or her own legal fees. Additionally, he or she can explain the following guidelines.

Statute

Depending on the type of case, your Arlington civil litigation attorney can inform you whether there is a statute that is applicable to our case that would allow you to recover attorney fees. Generally speaking, there is a specific public policy that supports the notion of giving the plaintiff or prevailing party his or her attorney fees. If the public interest is served by allowing the plaintiff to recover his or her attorney fees, a statute may be in existence.

Contractual Agreements

Another instance where your Arlington civil litigation attorney can explain that allows for your attorney fees is if they are provided in a contract between you and the defendant. The contract must be directly related to the lawsuit and the provision regarding attorney fees should be clear.

Pleadings

In order to recover your attorney fees, your attorney must usually include a request for attorney fees in your complaint and subsequent pleadings, otherwise he or she may waive your right to this recovery.

If you would like to know whether you may be able to recover attorney fees, contact E. Schleifman by calling (703) 528-1021.