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The American Rule is a rule in the U.S. justice system that says two opposing sides in a legal matter must pay their own attorney fees, regardless of who wins the case. The rationale of the rule is that a plaintiff should not be deterred from bringing a case to court for fear of prohibitive costs.
In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys' fees of the prevailing party.
The hourly fee attorneys charge could range from as low as $50 or $100 per hour to as high as several thousand dollars per hour for specialized legal work performed by a top professional. ing to the Clio 2022 Legal Trends Report, the average attorney hourly rate was $313.00 in 2022.
The American rule for attorney fees requires each party to pay its attor- ney, win or lose; the English rule (applicable in most of the world) requires the losing party to pay the winner's reasonable attorney fees.
The general rule in California is that each party pays their own attorney fees and costs, unless there is an independent legal basis that provides otherwise. This is known as the ?American Rule,? used throughout most of the country.