Attorneys’ Fees: The American Rule, Exceptions, and Effective Recovery

M. Elizabeth Roper
Katelyn R. Ashton
Denise S. Lee
Emilee S. Crocker
M. Elizabeth Roper | Butler Snow LLP
Katelyn R. Ashton | Butler Snow LLP
Denise S. Lee | Butler Snow LLP
Emilee S. Crocker | Butler Snow LLP
On-Demand: February 28, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

Regardless of who initiates a lawsuit, the “American Rule” is that each party is responsible for paying its own attorneys’ fees. There are, however, certain exceptions to the American Rule or instances where one party must pay another’s fees. For example, some contracts include language dictating which party is responsible for fees should litigation arise. Sanctionable conduct may also result in one party paying the other’s attorneys’ fees. Another tool—of particular interest to our speakers—is the utilization of offers of judgment as a means for their clients to potentially recover their attorneys’ fees.

Butler Snow attorneys Beth Roper, Katelyn Ashton, Denise Lee, and Emilee Crocker will discuss the American Rule as it stands, certain exceptions to the American Rule, fee-shifting measures, the benefits of offers of judgment across jurisdictions, and how our clients can recover fees when awarded.

Key topics to be discussed:

  • The American Rule on Payment of Attorneys’ Fees
  • Contractual Fee-Shifting Provisions
  • Statutory Fee-Shifting in Civil Litigation
  • Sanctions and Attorneys’ Fees Awards
  • Offers of Judgment as a Defense Strategy
  • Availability to Recover Fees via Offers of Judgment Across Jurisdictions
  • Considerations in Documenting Attorneys’ Fees
  • Moving for Attorneys’ Fees in the Context of Offers of Judgment
  • Legal and Ethical Considerations in Fee Recovery

Closed-captioning available

Speakers

Speaker_M. Elizabeth Roper_myLawCLEM. Elizabeth Roper | Butler Snow LLP

Beth is a member of Butler Snow’s Pharmaceutical, Medical Device and Healthcare group. She focuses her practice on appellate and written advocacy and drug and device litigation. She drafts dispositive motions on the motion teams in the pelvic mesh product liability litigation and other major product liability litigations. She has also served as appellate counsel in medical device cases in the Second, Fourth, and Sixth Circuit Courts of Appeals. Since 2021, Beth has been recognized by Best Lawyers in America® — Ones to Watch for her work in Health Care Law. She earned her Juris Doctor from Vanderbilt University Law School, her master’s degree from Reformed Theological Seminary and her bachelor’s degree from Mississippi College. She is admitted to practice in Florida and Mississippi.

 

Speaker_Katelyn R. Ashton_myLawCLEKatelyn R. Ashton | Butler Snow LLP

Katelyn is a member of Butler Snow’s Pharmaceutical, Medical Device and Healthcare group. Her practice is focused on the representation and defense of manufacturers in complex products liability litigation in state and federal courts, with an emphasis on prescription drugs, medical devices, and chemicals. She was a member of the Motions Team in the largest MDL in history and has experience in various other aspects of discovery and trial work, including drafting company discovery responses, taking plaintiff and witness depositions, and providing pre-trial and on-site trial support to lead trial and appellate trial counsel. Best Lawyers in America® selected her as one of its “Ones to Watch” for Health Care Law and Product Liability Litigation. She is admitted to practice in Tennessee.

 

Speaker_Denise S. Lee_myLawCLEDenise S. Lee | Butler Snow LLP

Denise is a member of Butler Snow’s Pharmaceutical, Medical Device and Healthcare Litigation group. Her practice is focused on the representation and defense of manufacturers in complex products liability litigation. She earned her bachelor’s degree from Rhodes College and received both her master of business administration and Juris Doctor from the University of Memphis. During law school, Denise received CALI Awards in Civil Procedure I, Civil Procedure II, Trial Advocacy, Remedies, Insurance Law, Commercial Law, Employee Benefits, and Legal Drafting: Litigation. She also served on the staff and as Note Editor of The University of Memphis Law Review. Denise is a member of the Memphis and Tennessee Bar Associations.

 

Speaker_Emilee S. Crocker_myLawCLEEmilee S. Crocker | Butler Snow LLP

Emilee joined Butler Snow’s Pharmaceutical, Medical Device and Healthcare Litigation group in 2024. Her practice is focused on the representation and defense of product manufacturers in complex litigation. Emilee obtained her bachelor’s degree in Biosystems Engineering from the University of Tennessee and Juris Doctor from the University of Mississippi, where she served as a staff editor and associate case editor on the Mississippi Law Journal. She is admitted to practice in Tennessee.

Agenda

I. The American Rule on Payment of Attorneys’ Fees | 1:00pm – 1:15pm

II. Contractual Fee-Shifting Provisions | 1:15pm – 1:30pm

III. Statutory Fee-Shifting in Civil Litigation | 1:30pm – 1:45pm

IV. Sanctions and Attorneys’ Fees Awards | 1:45pm – 2:00pm

Break | 2:00pm – 2:10pm

V. Offers of Judgment as a Defense Strategy | 2:10pm – 2:20pm

VI. Availability to Recover Fees via Offers of Judgment Across Jurisdictions | 2:20pm – 2:30pm

VII. Considerations in Documenting Attorneys’ Fees | 2:30pm – 2:45pm

VIII. Moving for Attorneys’ Fees in the Context of Offers of Judgment | 2:45pm – 2:55pm

IX. Legal and Ethical Considerations in Fee Recovery | 2:55pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hours

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Pending CLE Approval
2 General

Texas

Pending CLE Approval
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Pending CLE Approval
2.4 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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