Frequently Asked: Will I Be Able To Recover My Attorneys' Fees?

Unfortunately, the long-standing rule in North Carolina is that, unless a statute provides otherwise, the parties to litigation are responsible for their own attorneys' fees.

 

The good news is that there are some statutes that allow for the recovery of attorneys' fees in North Carolina. See the list below. Each statute must be read carefully to ensure that all conditions have been met.

Unfortunately, many of the statutes below make the award of attorneys’ fees discretionary. This means that even though a judge is allowed to award attorneys’ fees under the statute, the judge may still decide not to award attorneys’ fees. Whether the judge decides to award attorney fees' will depend on the facts of the case.  

Common North Carolina Statutes that Allow for the Recovery of Attorneys' Fees

The list of statutes above is intended to cover the statutory grounds for attorneys' fees that are most commonly applied. It is not an exhaustive list. To speak to an experienced attorney about your case and your ability to recover attorneys' fees, call 919-719-3908.