Fee Shifting
/ˈfiː ˈʃɪftɪŋ/
Definitions
- (n.) A legal mechanism where the prevailing party in litigation is awarded the losing party's attorney fees and costs.
The court's fee shifting provision required the defendant to pay the plaintiff's legal expenses after losing the case.
- (n.) Statutory or contractual clauses that transfer attorney's fees from one party to another, often to discourage frivolous lawsuits.
The contract included a fee shifting clause to deter unnecessary litigation.
Forms
- fee shifting
Related terms
See also
Commentary
Fee shifting provisions vary by jurisdiction and are often governed by statutes or contractual agreements, differing from the usual 'American Rule' that each party pays its own fees.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.