Is it possible to have the other party pay for my attorney fees?

Posted by Clyde Hutchins | Jul 28, 2016 | 0 Comments

Question: Is it possible to have the other party pay for my attorney's fees?

Answer: In some cases, yes. A common exception to the rule that each party pays its own attorney's fees is recovery of fees for the prevailing party in some consumer protection actions.

The general rule in Colorado and Wyoming is that each party is responsible for paying its own attorney's fees. If you sue someone, you are expected to pay for your own attorney's fees in the lawsuit. Sometimes attorneys will take a case pro bono (for free) or on a contingency basis such as a personal injury action. The client does not pay in those types of matters. But those are not the only exceptions.

Some state and federal statutes provide that a consumer can recover attorney fees from the other side if the consumer is successful. These include federal laws such as the Truth in Lending Act, the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. It also includes the Colorado Consumer Protection Act, and the Wyoming Consumer Protection Act in class action lawsuits and in cases on behalf of elderly and disabled victims of consumer fraud.

Harmony Law takes advantage of these opportunities for its clients. Where available in a consumer rights case, Harmony Law will take the case on a contingency basis where the client does not pay for the fees and costs. Fees in such cases are based on a blended hourly and contingent basis.

About the Author

Clyde Hutchins

Clyde Hutchins is the founder of Harmony Law. Mr. Hutchins started his legal career in Cheyenne, Wyoming as a law clerk for the district court judges. Mr. Hutchins then entered private practice with a Wyoming based litigation and business law firm. Later, Mr. Hutchins went to Alaska, where he was the chief litigator for a firm that engaged in bond law, corporate law, securities law, and municipal law. The State of Wyoming hired Mr. Hutchins from Alaska to represent the State of Wyoming in the national tobacco arbitration and act as its tobacco settlement attorney. While in that position, as a hobby, he developed an enforcement unit for consumer protection for Wyoming residents. Mr. Hutchins moved to Colorado in 2016 and founded Harmony Law, LLC. Harmony Law is primarily engaged in civil litigation. It is also a general practice firm in the areas of business law, estate planning, consumer law and family law. Harmony Law is active in all state and federal courts throughout Wyoming and Colorado.


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