Fee-shifting - Revision history

Quidam65 at 02:49, January 7, 2019

2019-01-07T02:49:42Z

DavidB4-bot: /* top */clean up

2016-06-23T20:35:13Z

top: clean up

DParker: New page: '''Fee-shifting''' is a method of payment for legal services under which the victorious plaintiff recovers reasonable attorney's fees from the defeated defendant. The m...

2008-04-01T04:42:55Z

New page: '''Fee-shifting''' is a method of payment for legal services under which the victorious plaintiff recovers reasonable attorney's fees from the defeated defendant. The m...

New page

'''Fee-shifting''' is a method of payment for [[lawyer|legal services]] under which the victorious [[plaintiff]] recovers reasonable attorney's fees from the defeated [[defendant]]. The model in [[Europe]], American jurisdictions have only adopted fee-shifting in civil rights cases. In these cases, the civil rights plaintiff takes fees from the defendant, as a way of encouraging lawyers to take on civil rights cases from otherwise [[indigent]] defendants - the theory is that, (1) civil rights are important enough that the infringer should pay for the infringed party's non-pecuniary loss, and (2) the state should encourage civil rights litigation, and recovery of lost rights, by ensuring recovery enough to entice an attorney.

For example, under 42 USC 1988, a plaintiff may recover fees for a lawsuit which was filed pursuant to 42 USC 1983, the main statutory vehicle for a civil rights lawsuit alleging violation under color of state law. Under this fee-shifter, organizations like the [[ACLU]] routinely recover ordinary attorney's fees. Nothing is exceptional about this; it's just statutory law.

[[category:law]]

← Older revision		Revision as of 20:35, June 23, 2016
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	For example, under 42 USC 1988, a plaintiff may recover fees for a lawsuit which was filed pursuant to 42 USC 1983, the main statutory vehicle for a civil rights lawsuit alleging violation under color of state law. Under this fee-shifter, organizations like the [[ACLU]] routinely recover ordinary attorney's fees. Nothing is exceptional about this; it's just statutory law.		For example, under 42 USC 1988, a plaintiff may recover fees for a lawsuit which was filed pursuant to 42 USC 1983, the main statutory vehicle for a civil rights lawsuit alleging violation under color of state law. Under this fee-shifter, organizations like the [[ACLU]] routinely recover ordinary attorney's fees. Nothing is exceptional about this; it's just statutory law.

−	[[~~category~~:~~law~~]]	+	[[Category:Law]]

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-'''Fee-shifting''' is a method of payment for [[lawyer|legal services]] under which the victorious [[plaintiff]] recovers reasonable attorney's fees from the defeated [[defendant]].  The model in [[Europe]], American jurisdictions have only adopted fee-shifting in civil rights cases.  In these cases, the civil rights plaintiff takes fees from the defendant, as a way of encouraging lawyers to take on civil rights cases from otherwise [[indigent]] defendants - the theory is that, (1) civil rights are important enough that the infringer should pay for the infringed party's non-pecuniary loss, and (2) the state should encourage civil rights litigation, and recovery of lost rights, by ensuring recovery enough to entice an attorney.
+'''Fee-shifting''' is a method of payment for [[lawyer|legal services]] under which the victorious [[plaintiff]] recovers reasonable attorney's fees from the defeated [[defendant]].  The model in [[Europe]], American jurisdictions have only adopted fee-shifting in limited cases, such as civil rights cases.  In these cases, the civil rights plaintiff takes fees from the defendant, as a way of encouraging lawyers to take on civil rights cases from otherwise [[indigent]] defendants - the theory is that, (1) civil rights are important enough that the infringer should pay for the infringed party's non-pecuniary loss, and (2) the state should encourage civil rights litigation, and recovery of lost rights, by ensuring recovery enough to entice an attorney.
-For example, under 42 USC 1988, a plaintiff may recover fees for a lawsuit which was filed pursuant to 42 USC 1983, the main statutory vehicle for a civil rights lawsuit alleging violation under color of state law.  Under this fee-shifter, organizations like the [[ACLU]] routinely recover ordinary attorney's fees.  Nothing is exceptional about this; it's just statutory law.
+For example, under 42 USC 1988, a plaintiff may recover fees for a lawsuit which was filed pursuant to 42 USC 1983, the main statutory vehicle for a civil rights lawsuit alleging violation under color of state law.
 [[Category:Law]]