American Rule for Attorney’s Fees

The “American rule” in attorney's fees refers to the general legal principle followed in the United States regarding the payment of attorney's fees in litigation. Under the American rule, each party involved in a legal dispute is responsible for covering their own attorney's fees and litigation costs, regardless of the outcome of the case.

This is in contrast to the "English rule" or "loser pays" system, where the losing party is often required to pay the prevailing party's attorney's fees and costs. The American rule is deeply rooted in the legal tradition of the United States and is seen as promoting access to the legal system for all individuals, regardless of their financial means.

Certain statutes, such as civil rights laws, environmental laws, and consumer protection laws include provisions allowing the prevailing party to recover attorney's fees. One such statute is the Washington Law Against Discrimination (WLAD). The Washington Supreme Court has ruled that under RCW 49.60.030(2), a plaintiff who prevails on a WLAD claim is entitled to reasonable attorney fees both at the trial court and on appeal. Blaney v. IAM, 151 Wn.2d 203 (2004). The reason for this exception to the American rule is so that financial costs will not deter victims from pursing justice.

At Seattle Litigation Group, we have voluminous experience in representing employees in all manner of discrimination cases.