Cost and Fee Allocation in Civil Procedure: United States of America National Report

International Academy of Comparative Law, 18th World Congress, Washington D.C., July 21-31, 2010

American Journal of Comparative Law, Vol. 58, No. Supplemental, 2010

33 Pages Posted: 7 Oct 2009 Last revised: 23 May 2015

James R. Maxeiner

University of Baltimore - School of Law

Date Written: October 4, 2009

Abstract

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.

Keywords: American rule, English rule, contingent fee, fee-shifting, costs, attorney's fees, legal aid, access to justice

Suggested Citation

Maxeiner, James R., Cost and Fee Allocation in Civil Procedure: United States of America National Report (October 4, 2009). International Academy of Comparative Law, 18th World Congress, Washington D.C., July 21-31, 2010; American Journal of Comparative Law, Vol. 58, No. Supplemental, 2010. Available at SSRN: https://ssrn.com/abstract=1482843

James R. Maxeiner (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States
410-837-4628 (Phone)

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