Recovery of Attorneys Fees in Litigation

One of the first questions we are asked at the outset of litigation on behalf of a condominium association is whether the attorneys’ fees we will generate are recoverable from the opposing party. The answer to that question depends on a number of factors because Illinois is what is called an “American Rule” jurisdiction. The American Rule provides that each party to litigation pays for his or her own attorneys’ fees. There are, however, two exceptions to the American Rule that are often implicated in association litigation.   Read the article…………….


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