Section 23.53 Attorney Fees

LibraryEstate Administration 2014 Supp

D. (§23.53) Attorney Fees

Missouri adheres to the “American Rule” regarding attorney fees, meaning that generally, absent statutory authorization or contractual agreement, each litigant pays their own attorney fees with few exceptions. Klinkerfuss v. Cronin, 289 S.W.3d 607 (Mo. App. E.D. 2009) (perhaps aptly referred to as “Klinkerfuss III” because it was the third appeal arising out of that litigation; it is also sometimes referred to as the “Bleak House” case as a result of the appellate court’s comparison with the Dickens novel by that name). See also City of Cottleville v. St. Charles County, 91 S.W.3d 148, 150 (Mo. App. E.D. 2002). The traditional exceptions to this rule have been limited to cases involving collateral litigation with a third party, “special circumstances,” or “very unusual circumstances” as those terms have been defined by the caselaw. Klinkerfuss III, 289 S.W.3d at 618. See also:

· Windsor Ins. Co. v. Lucas, 24 S.W.3d 151, 156 (Mo. App. E.D. 2000)
· Beavers v. McGinnis, 277 S.W.3d 308, 310 (Mo. App. S.D. 2009) (analyzing the collateral litigation exception)
· Goralnik v. United Fire & Cas. Co., 240 S.W.3d 203, 213 (Mo. App. E.D. 2007) (analysis of “very unusual circumstances”)

In the specific context of trust litigation, § 456.7-709, RSMo Supp. 2008, is often cited as a basis to reimburse trustees for attorney fees incurred with respect to trust administration. Similarly, a line of cases espousing what is sometimes referred to as the...

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