This is a common question I get asked by many frustrated with the civil litigation process. The answer I typically give is possibly, but don’t count on it. North Carolina adheres to the American Rule on attorney’s fees, meaning each party to a lawsuit is expected to pay their own attorney’s fees. There are a limited number of cases where attorney’s fees are allowed within the discretion of the Court. Below I’ve listed the most common cases where attorney’s fees are awarded:
- Child Custody
- Support Actions (child support or alimony)
- Personal Injury or Property Damage Lawsuits Against Insurance Companies for an Amount Less than $25,000.
- Actions Where a Party Takes a Position Not Supported by Fact or Law
- Defense of Frivolous Punitive Damages
- Actions against Businesses for Fraud or Unfair Business Practices
- Actions for Collection of Debt with a Valid Attorney’s Fees Clause
- Breach of Contract Cases with an Enforceable, Reciprocal Attorney’s Fees Provision Negotiated at Arms’ Length
- Actions for Violations of Civil Rights
- Homeowners’ Association Covenants Enforcement Actions
- Actions against Landlords for abuse of security deposit or lease terms
This list is not exhaustive of all the cases where you may recoup your attorney’s fees, but illustrates situations where parties have been more successful obtaining attorney fee awards.