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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...
'''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]]
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]]