Cost and Fee Allocation in Civil Procedure: United States of America National Report
James R. Maxeiner
University of Baltimore - School of Law
October 4, 2009
American Journal of Comparative Law, Vol. 58, No. Supplemental, 2010
International Academy of Comparative Law, 18th World Congress, Washington D.C., July 21-31, 2010
University of Baltimore School of Law Legal Studies Research Paper No. 2010-07
This report summarizes critically the American practice of providing indemnity for court costs in litigation but not for attorneys' fees. It considers the basics, who pays, the rationals, exceptions,and modifications. It challenges the suggestion that the American no-indemnity practice reflects American values and debunks the assertion that it is used to promote access to justice. The report show that American jurists, just as their non-American counterparts, have pointed to a rational of full realization of rights to support complete indemnity. The reports notes the role of the bar in promoting no indemnity and the importance of viewing litigation as an event separate from the rights that it is to enforce.
Number of Pages in PDF File: 33
Keywords: American rule, English rule, contingent fee, fee-shifting, costs, attorney's fees, legal aid, access to justiceAccepted Paper Series
Date posted: October 7, 2009 ; Last revised: April 6, 2010
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