Abstract
The prevailing common law rule in American courts allows successful parties to recover attorney's fees only where a statutory or contractual basis exists. Utah's adherence to the American rule has led to the passage of numerous attorney's fees statutes and the development of a substantial body of case law dealing with contractual fee provisions. In addition to statutory and contractual fee recovery, many jurisdictions have developed equitable theories that permit parties to recover attorney's fees under certain circumstances. The status of equitable recoveries in Utah is unclear. This Note will examine the statutory basis for recovery of attorney's fees in Utah, as well as evaluate the options available to the Utah court in permitting an equitable recovery of fees. Contractual attorney's fees recovery is discussed elsewhere in this volume.
DOI
https://doi.org/10.63140/xnv7xcnkhc
Recommended Citation
Sager, Kelli L.
(1984)
"Attorney's Fees in Utah,"
Utah Law Review: Vol. 1984:
No.
3, Article 5.
DOI: https://doi.org/10.63140/xnv7xcnkhc
Available at:
https://dc.law.utah.edu/ulr/vol1984/iss3/5