Legal Question in Civil Litigation in Kentucky

Re: Reimbursement of Attny Fees

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case.

The Kentucky Rules of Civil Procedure do provide for reimbursement of reasonable attorney fees in limited cases:

KENTUCKY RULES OF CIVIL PROCEDURE

RULE 11, SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS; SANCTIONS

...The signature of an attorney or party constitutes a certification by him that he has read the pleading, motion or other paper; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee....

Ordinarily, in the U.S. court system, the losing party is not responsible for paying the winning party's legal fees. (This rule is the opposite in Great Britain.) Exceptions are where specific statutory authority is given to the court to award attorney fees, as in divorces and certain civil rights cases (such as federal USC Title 42, Section 1983 actions). In commercial cases, a borrower may sign a contract containing the provision that, if he defaults on the loan, he agrees to pay the reasonable attorney fees of the lender if a lawsuit is required to collect the debt.

Under Rule 11, a court may award attorney fees from a party who files a "frivolous" lawsuit.

You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

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