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If you win a lawsuit in Idaho, can a judge make the losing party pay your attorney’s
fees? Welcome and thank you for joining me. I’m Jim Bendell, an attorney practicing
in Coeur d'Alene, Idaho with an emphasis on trial work. Now Idaho follows what’s called
the “American rule” in attorney’s fees. And the American rule is that each party pays
their own. That’s different from the English rule where the winning party gets their attorney’s
fees reimbursed. Now there are certain exceptions to this doctrine in Idaho. For example, there
are specific statutes – specific laws – that make the loser pay. One example would be consumer
protection. If you sue a business under the consumer protection law and you prevail in
court, the judge can make the business pay your attorney’s fees. There’s also a kind
of catch all exception that says that if anybody brings a lawsuit frivolously – that is it’s
just no, it has no basis in fact, it was done to annoy or harass. In that situation, the
judge can make the loser pay the winning party’s attorney’s fees. Why am I telling you this?
Because if you’re watching this, you have questions. These are the types of questions
I answer every day at my law practice. Here’s what I’d like you to do next. Pick up the
phone and call me with these and other questions and I’ll answer them for you. You can reach
me at 208-665-4600. I’m Jim Bendell, thank you for watching.