AWARDING OF ATTORNEYS' FEES - HEARINGS BEFORE THE HOUSE SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE, OCTOBER 6, 8 AND DECEMBER 3, 1975

• NCJ Number: 43672
• Author(s): ANON
• Date Published: 1977
• Length: 431 pages
• Corporate Author: US Congress
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

ORAL AND WRITTEN TESTIMONY CONCERNING THE APPROPRIATENESS OF REQUIRING ONE SIDE IN A LAWSUIT TO PAY FOR THE LEGAL EXPENSES OF THE OTHER SIDE IS RECORDED.

Abstract

THE TESTIMONY, PRESENTED TO A HOUSE SUBCOMMITTEE CHARGED WITH CONSIDERING EIGHT SEPARATE BILLS ON THE ISSUE OF COURT AWARDING OF ATTORNEYS' FEES, INCLUDES PRESENTATIONS BY THE SPONSORS OF THE BILLS, BY LAWYERS AND LEGAL SCHOLARS, AND BY OTHER INTERESTED PARTIES. THE FOCUS OF THE SUBCOMMITTEE HEARING WAS ON DETERMINING THE NEED FOR LEGISLATION SPECIFICALLY AUTHORIZING THE AWARDING OF ATTORNEYS' FEES. IT IS NOTED THAT TRADITIONALLY THE AMERICAN COURTS HAVE REFUSED TO AWARD ATTORNEYS' FEES, WITH THE EXCEPTION OF CASES INVOLVING THE LIABILITY OF A PARTY ACTING IN BAD FAITH, FEE SHIFTING BY MEANS OF SPREADING THE COST OF LITIGATION TO A LARGER GROUP UNDER A COMMON BENEFIT THEORY, AND SPECIFIC STATUTES ALLOWING THE AWARDING OF FEES. IN 1975, THE SUPREME COURT RULED THAT, UNLESS SPECIFIC STATUTES AUTHORIZE OTHERWISE, ATTORNEYS' FEES CANNOT BE AWARDED IN CASES BROUGHT UNDER THE PRIVATE ATTORNEY GENERAL THEORY, A PREMISE OFTEN USED BY PUBLIC INTEREST GROUPS. APPENDED MATERIALS INCLUDE COPIES OF THE RELEVANT BILLS, CORRESPONDENCE ON THE AWARDING OF ATTORNEYS' FEES IN PUBLIC INTEREST AND CIVIL RIGHTS CASES, CORRESPONDENCE ON THE AWARDING OF ATTORNEYS' FEES AGAINST THE FEDERAL GOVERNMENT IN CONDEMNATION CASES, AND COPIES OF RELEVANT ARTICLES AND FEDERAL STATUTES.