Pasadena, MD asked in Business Law for Maryland

Q: In Maryland can you sue for attorney fees if its not specifically written in the contract that you can ?

If its is with a commercial entity is there a exception?

Related Topics:
1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: You can only request attorney's fees if (1) it's specifically provided for in the contract; or (2) there is a statutory cause of action that provides for a claim of attorney's fees. So, it sounds as though you do not have a contractual basis. However, perhaps there is a statutory basis. For instance, if your dispute with the commercial entity has to do with a consumer transaction for goods or services, where you are the consumer (not another commercial business), and if there is a basis to claim a violation of the Maryland Consumer Protection Act for false and deceptive trade practices, then that Act provides for an award of attorney's fees in the event you prevail on your claims. You would have to actually incur attorney's fees, of course. You cannot claim them if you represent yourself. There may be other statutory bases for fees, but without knowing the particulars of your claims and dispute, it is not possible to guess what that basis might be. Generally speaking, however, the "American Rule" prevails, which is that each litigant bears their own costs for legal representation regardless of the outcome.

Cedulie Renee Laumann agrees with this answer

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.