If I "win" in litigation, does the other party have to reimburse my attorneys' fees?

This is a common misconception about civil litigation. Whether you initiate the litigation (as the plaintiff) or find yourself defending a lawsuit, the "American Rule" is that each party is responsible for paying their own attorneys' fees throughout the lifespan of a case. As a general rule, there are only two instances in which the losing party can be required to reimburse the attorneys' fees of the prevailing party: (1) when a valid and enforceable contract between the parties includes a provision for an award of attorneys' fees; and/or (2) when a state or federal statute under which a claim is asserted specifically permits an award of attorneys' fees.

In addition to these two exceptions, Pennsylvania courts are permitted to order litigants to pay some or all of the other party's attorneys' fees when, during the course of litigation, a party engages in egregious conduct that has a substantially negative effect on the other party or on the proceedings as a whole. This standard is very high and rarely met.

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