Senate Bill No. 88 - Attorney's Fees

The Indiana Senate is considering a bill which would require a court to award attorney's fees to the prevailing party in all civil actions. The "American Rule" has always been that each side pays their own attorney's fees, unless otherwise provided by statute. While many defense lawyers have expressed significant concern over the bill, it seems to me that it might actually be a benefit. The threat of attorney's fees in all civil actions might cause plaintiffs to think long and hard before filing a questionable Complaint. While this may result in fewer lawsuits, and therefore less work for the Defense Bar, we as defense attorneys should be happy as the real focus should be on the outcome for our clients - not ourselves.