Prevailing Parties Get the Fees

Tennessee follows the “American Rule” concerning attorney fees.  Accordingly, even if a party wins his case, he is not entitled to attorney fees unless there is a contract or statute providing a recovery.  There are a few other narrow situations that provide attorney fees based on a recognized exception, but generally speaking, there will be no recovery of attorney fees … Read More

Be Careful What You Wish For

Attorney’s fees are only recoverable if they are provided for by statute or in a contract.  This rule is generally applicable regardless of whether a matter is pursued in litigation through a court or in arbitration.  However, the Tennessee Court of Appeals found that under the rules of the American Arbitration Association, attorney fees may be awarded if sought by … Read More