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When lawyers speak of the American Rule, we mean the concept that each party pays for its own legal fees unless that default is changed by statute, contract, or court action (for example, sanctions) — as opposed to the English Rule, under which the losing party generally must pay the prevailing party's fees.

Even in most American jurisdictions, the losing party ends up paying many of the prevailing party's costs (deposition transcripts, expert costs, etc.).



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