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In the United States the "American rule" is generally followed, each party bearing its own expense of litigation. However, 35 U.S.C. § 285 provides that in patent cases, the losing party may have to pay attorney fees of the winning party if the case is deemed "exceptional."
A contingent fee, or contingency fee, is an attorney fee that is made contingent on the outcome of a case. A typical contingent fee in a tort case is normally one third to forty percent of the recovery, but the attorney does not recover a fee unless money is recovered for the client. States prohibit contingent fees in certain types of cases.
Fee reforms were implemented in the Legal Aid, Sentencing and Punishment of Offenders Act 2012. [24] Under the new arrangements, claimants with contingent fee agreements still do not pay upfront fees or have to cover their lawyers' costs if the case is lost. [24] If they win then they pay a "success fee" that is capped at 25% of the awarded ...
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The American rule is merely a default rule, not the blanket rule in the United States. [3] Many statutes at both the federal and state levels allow the winner to recover reasonable attorney's fees, [3] and there are two major exceptions in federal case law as well.
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