Section 2 American Rule and Exceptions

• Library: Consumer Law and Practice 2010

Missouri courts, like other courts throughout the United States, have historically adhered to the "American rule" with respect to recovery of attorney fees in litigation. In contrast to the rule in English and other European courts, attorney fees in Missouri are generally recoverable only when contracted for, when provided by statute, or as an item of damage when a party has caused another to be involved in collateral litigation, or occasionally in equity to balance benefits. Duncan v. Townsend, 325 S.W.2d 67, 71 (Mo. App. W.D. 1959); Arnold v. Edelman, 392 S.W.2d 231, 239 (Mo. 1965). In practice, attorney fees in the vast majority of cases must be borne by the litigants. Only in cases satisfying one of the exceptions to the rule can a litigant obtain reimbursement for attorney fees.

While the American rule appears firmly entrenched in Missouri common law, Missouri recognizes several equally well-entrenched exceptions to the...