Difference between revisions of "Fee-shifting"
(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...) |
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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 | + | 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]] |
Latest revision as of 02:49, January 7, 2019
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 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.