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Can We Make Them Pay My Attorney Fees?

Focused, personal representation for Tennessee families and businesses, with offices in Nashville and Memphis.

Last Updated: Jan 13, 2016

Read Time: 3 mins

Can we make them pay my attorney fees? This is one of the most common questions we receive from our clients who find themselves involved in lawsuits. Unfortunately, the answer in most cases is no. Tennessee follows the “American Rule” which means that each party in a lawsuit pays their own attorney fees, no matter who wins. There are, however, exceptions to this rule. Two of the most common exceptions are as follows:
(1) Certain state and federal statutes allow the prevailing party to recover attorney fees. Examples: certain consumer protection, civil rights, and employment claims, etc.

(2) A contract provision where the parties to a contract have agreed that the prevailing party in a dispute will be entitled to recover attorney fees. Examples: leases, commercial contracts, collections, home sale contracts, etc.

Your attorney should examine the allegations in the lawsuit and any contracts that may apply to determine whether it is possible for you to recover your attorney fees. If you are a business person and you don’t have attorney fee provisions in your contracts, consider adding them. Here are some answers to additional questions we are frequently asked about attorney fees:

“This lawsuit is frivolous! Can we make them pay for all the money I have to spend dealing with this?” The standard for “frivolous” is pretty high. Even lawsuits that are eventually determined to have no merit are not necessarily frivolous. Very few cases are. Unless your case meets one of the exceptions, you probably can’t recover your attorney fees, even if you win.

“My contract provides for attorney fees. What are the chances I actually recover them?” If you are the prevailing party and you obtain a judgment, that judgment should include an award of what the judge deems a reasonable attorney fee. Your award may or may not equal what you actually paid your attorney. If your case is resolved through settlement, the attorney fee provision is often used as a negotiation point to increase the overall amount of money you recover.

“If the judge awards me an attorney fee of less than what I actually paid my lawyer, does my lawyer have to give my money back?” It depends on what your fee agreement is with your lawyer, but in most cases, the answer is probably no. Your fee agreement with your lawyer is independent of any judgment you may recover from the opposing party.

If you need help drafting an appropriate attorney fee provision for your contracts, or if you have a question about recovery of attorney fees in a lawsuit, please call us at 901-372-5003.

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Client Reviews

    
 
 
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   Cheryl Adkins 
 1 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We loved the staff at Patterson Bray.  Everyone was very professional.  Judith was very thorough and explained everything extremely well.  We would recommend Patterson Bray to anyone.
  
 
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   Hailey Wade 
 25 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray PLLC did an excellent job with my grandmother's estate planning, and made everything easy to understand! She recommended them to a friend who went and is also very satisfied with their services.
  
 
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   Deb Clark 
 30 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My experience with this firm, particularly Judith Denham has been truly exceptional.  From the consultation to the finish, the attention to detail, listening and responding to my needs.  My documents were completed timely and professionally.  I highly recommend Patterson Bray.
  
 
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   Tanya White 
 30 days ago
 
 
 Trustindex verifies that the original source of the review is Google. PattersonBray Estate Planning was an incredible firm to work with setting up our Trust. Judith Denham was thorough, very smart, and personable as she patiently explained each part.  Gabby put together  a very professional beautiful binder for us to have, and has answered questions we have had since  then. I am so glad they were recommended to us, and we had them to walk us through this procedure.
  
 
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   Charmaine Sego 
 30 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray did a great job with my mother's trust.
  
 
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   Phil Chamberlain 
 47 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray PLLC - first class lawyers.
  
 
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   Catherine McGee 
 67 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Heath Taylor was a genuine joy to work with during my divorce: straight forward, professional, and knowledgeable. I do hope I never have the need to acquire more legal help, but if I do, he'll be my first call. Thank you for everything, Heath!!
  
 
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   Marva Johnson 
 73 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I FOUND PATTERSON BRAY AND JUDITH DENHAM TO BE PROFESSIONAL, VERY THOROUGH, AND PERSONAL. I DID NOT FEEL LIKE A CLIENT, BUT A PERSON. I AM SO IMPRESSED WITH THEM, ESPECIALLY JUDITH AND GABBY. VERY GRATEFUL FOR ASSISTANCE.
M.JOHNSON
  
 
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   Pam Nicole 
 74 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We set up a trust with Judith, at Patterson Bray and we received excellent service. Everything was explained thoroughly and everyone was very friendly and professional. I would definitely use her and the firm again, if needed.
  
 
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   Steven Creasy 
 95 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Rachel was amazing and professional. Highly recommend. Thank you!

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