The Nov. 28 Muscatine Journal noted the previous question as to whom pays the lawyer fees if the American Rule is not used. The American Rule is that each side pays only its side’s lawyer fees. The following from when the “American Rule” is not used in relation to whom pays such fees as seen in some of our 50 states and/or jurisdictions. Here are some mentioned:

Contractual provisions: In the interest of justice and fairness such business contracts amounts may be less than or the contract is no longer applicable.

Statutory provisions: Requires the losing side to pay in cases involving governmental entities, anti-discrimination cases, when the federal law has been violated:

• When a private citizen wins a case against a government identity

• To use the courts for intentional delaying of court proceedings

• Filing a case that is the waste of the court’s time

• Filing a case in the wrong venue

• When a lawyer makes procedural error during a case

Equitable (fairness) remedies: The losing side pays if it is unfair for the other side to do so. When the losing side brings a case that is frivolous, in bad faith, or to oppress the defendant and the defendant wins.

Iowa law may vary in the above. But it may be a key as to from what “we the citizens” domicile in the city of Muscatine, “maybe” looking at in the City Council members verses Mayor Diana Broderson case.

Roger Roth



Load comments