Abstract
The rising cost of legal services has prompted considerable discussion about the best means of allocating legal fees between the parties to a lawsuit. There are two major cost allocation systems used worldwide. The majority approach, known as the "English rule," awards attorney's fees to the prevailing party. The alternative approach, used by the American legal system, requires each individual to pay his own attorney's fees in the absence of a statute or an enforceable contract providing otherwise. Cost allocation systems currently are undergoing reexamination. To understand the significance of the changing trends in cost allocation it is necessary to examine the historical development of attorney's fees allocation.
Recommended Citation
Review, Utah Law
(1984)
"Allocating Legal Fees in the United
States,"
Utah Law Review: Vol. 1984:
No.
3, Article 4.
Available at:
https://dc.law.utah.edu/ulr/vol1984/iss3/4