The “English Rule” and the “American Rule”
Between the “English Rule” and the “American Rule”, which do you think is more fair, and why? What are your thoughts on the reality that it is sometimes cheaper for a party to settle a legal dispute even when he or she is not at fault? Is ADR an adequate solution for this?
Think of a recent conflict you had with someone. Describe how the conflict evolved in terms of the five stages discussed in the lesson.
Sample Answer
The English Rule and the American Rule are two different approaches to the issue of who pays for legal fees in a civil lawsuit.
- The English Rule states that the losing party in a civil lawsuit is responsible for paying the legal fees of the winning party. This means that even if you are not at fault, you could still be on the hook for paying your opponent’s legal fees if you lose the case.
- The American Rule states that each party is responsible for paying their own legal fees, regardless of who wins or loses the case. This means that if you are not at fault, you will not have to pay your opponent’s legal fees even if you lose the case.
There are pros and cons to both the English Rule and the American Rule.
The English Rule can deter frivolous lawsuits, because people are less likely to sue if they know they could be on the hook for paying their opponent’s legal fees. However, the English Rule can also be unfair to people who are not at fault, because they could still be on the hook for paying their opponent’s legal fees even if they win the case.