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Only for the initiating party, and only up to a certain monetary threshold. If you're being sued, or someone's screwed you out of $50k, not so much.


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Yes, but the innocent parties have to win the suit in order to be awarded anything. If you have someone with a lot of money to sue you in order to annoy you, they usually try not to win, but just to extend the length of the process until your money runs out.

Not in the U.S. The winner is entitled to legal fees from the user only extraordinary circumstances (i.e., where punitive damages or sanctions are also appropriate) or in family law cases (i.e., divorces).

Sure, if you want to pay lawyer fees and court costs in case that you lose.

Bringing a lawsuit requires paying >~$10k up front, or the attorney taking it on for a prearranged cut of the settlement in exchange for no up-front.

Less than. The troll would prefer to not litigate, but that you just hand over the money.

At a minimum, you'd be entitled to any fees paid to the lawyer regardless of the outcome.

But it’s super shit that a lawyer can say “you can either give my client 2k or have a chance at giving my client 2k and me 50k”

That’s just so fucked up.


However, you do have things like anti-SLAPP laws so it's not universal. ADDED: And as someone else noted, litigants can recover legal fees in other cases where one party has behaved unreasonably or in bad faith.

Not to my knowledge, but that's irrelevant to the financial claims that the plaintiff is making. (To be clear, I'm not saying I agree with the plaintiff's claims; I'm just trying to be clear about exactly what those claims are and are not.)

I doubt that is universally true.

In the US, a court can award court costs and legal fees to the winning party but they're unlikely to do so unless the case is clearly frivolous and harassing. Which isn't unreasonable because otherwise individuals could basically never afford to take on the risk of suing a company because, were they to lose, they'd be on the hook for hundreds of thousands of dollars in legal fees.


Not necessarily, under certain conditions, the lawyers can get an advance on the money.

Somewhere I got the impression there was a rule that the losing side had to pay the attorney fees of the winning side, possibly as a way to prevent frivolous lawsuits. Is this not a thing?

If it isn't, damn. I hope I never have the misfortune of somebody falsely accusing me in such a manner that the accusation alone wipes $120k from my pockets.


That isn't how it always works. In some countries when the other party agreed to pay $30 up front then they would be considered the winner. You would pay their legal fees for trying to extort $27,970.

That true, but this ends up being a game of whack-a-mole, and even a few thousand dollars is too much for a lot of victims. Recently there was an attempt to mount a class action lawsuit, which would have settled things for everyone in one fell swoop, and it was rejected due to the arbitration clause.

In general, not unless the judge rules the claim was made in bad faith. There are some specific exceptions.

http://en.wikipedia.org/wiki/Attorney%27s_fee#Who_pays


Yes, but it's very rare for the winner to be able to recover their full costs. The loser can dispute the costs, which then requires more legal /court time to put a "fair" value on the winner's costs, which in itself can cost a small fortune for a complex case. The whole libel system is an expensive nightmare for anyone caught up in it frankly.

Ok but if you lose, your client gets $0 and owes you $50k. No? And if you settle?

yes, of course that's what it is. plaintiffs if they win will get a few pennies, lawyers will get a lot.

If you get paid, sure. But that's not a sure thing, and a full trial gets expensive. Would you gamble $10k for a possible net gain of $500? Even ignoring the cost of time and stress, you'd have to be more than 95% sure of winning for that to pay off over time. But a large company could well do that, because their gain is measured not just by the trial, but by the number of other people they scare off from suing at all.
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