In whatever nation a lawyer finds himself, how to collect his lawyer's fees is the basic problem of law practice to insure the survival of a law firm.
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As crass as it may sound, the key to a successful law practice is getting paid. Generally, each party pays its own attorney fees, regardless of who wins. But there are some important exceptions to this rule and all attorneys anxious to get paid should be well-versed in them.
California follows the “American Rule,” as codified in CCP §1021, under which each party generally agrees on and pays its own attorney fees. In case you were wondering, this rule is called the “American Rule” to distinguish it from the approach taken in England, in which attorney fees are normally awarded to the prevailing party (the “English Rule”).
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