Attorney Fees Research Paper

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Attorney Award Fees: American Rule Versus English Rule
For more than two centuries, the United States have generally based the consideration of attorney fee awards on the American Rule where each party to a lawsuit bears the cost of their own legal expenses. The rationale for this doctrine is to enhance access to the court system and encourage the filing of meritorious lawsuits. By contrast, in many other Westernized countries, the English Rule is the norm and in that policy, the losing party of a lawsuit is pays the prevailing party’s reasonable legal expenses. The English Rule policy is viewed as a strong deterrence for unreasonable lawsuits. This paper briefly discusses the history as well as the positives and limitations of both frameworks. …show more content…
Instead, attorney fees were awarded at the discretion of the court and typically imposed in situations where the losing party behaved in an abusive manner. While there were modifications to the English policy, ultimately the English courts evolved to a consistent loser pay model. During colonial America, many elements of the English Rule were adopted, but attorneys were not held in high regard among the population. Legislation and statutes enacted during that period were intended to restrict or bar attorney fees. By the end of the eighteenth-century, hiring an attorney became a common practice. In 1796, the Supreme Court of the United States set the standard for the American Rule in Arcambel v. Wiseman. The Circuit Court of Rhode Island awarded the plaintiff damages and $1,600 in attorney fees. The decision was appealed by the defendant and the US Supreme Court rejected the award for attorney fees by stating:
“We do not think that this charge ought to be allowed. The general practice of the United States is in opposition to it, and even if that practice were not strictly correct in principle, it is entitled to the respect of the Court, till it is changed or modified, by
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