We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is the American Rule?

By Dale Marshall
Updated Feb 27, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

The American Rule is a concept in American jurisprudence that requires that in most civil suits, each side is responsible for its own legal expenses. The American rule is a controversial issue, and the nature of the controversy is best understood by understanding the rule it replaced — the English rule, or “loser pays.” In every case brought under the English rule, the party that prevails has attorney's fees paid by the losing party. This was seen as stacking the deck against a poor plaintiff, who might have a good enough case, but might not be willing to gamble on a courtroom victory. If a plaintiff is afraid to bring suit because of limited resources that would be destroyed in the event of a loss, then justice has effectively been denied.

The American rule is a default standard, overruled in some cases by statute. One such exception is that insurance companies who lose “bad faith” lawsuits brought against them by policyholders may be required to pay the policyholder's legal fees as a component of the award. In addition, some California plaintiffs who prevail in lawsuits brought in some areas of consumer law may be able to recover attorney's fees. In most cases nationwide, though, each party to a lawsuit pays its own attorney's fees.

There are many who argue against the American rule, claiming that it encourages people to file frivolous lawsuits, secure in the knowledge that the only costs they'll have to pay are those over which they have complete control. A defendant, however, must defend against even the most frivolous of lawsuits, incurring expenses that will never be recovered. Certain claims can be very costly to defend against, as well, and are often said to be legal attempts to bully defendants into offering generous settlements just to keep a case out of court. Any lawsuit with a potentially large award, such as product liability, medical malpractice, or civil rights violations, might be so costly to defend that a defendant might consider paying a settlement to have the case dropped even if it has no merit.

Supporters of the American rule claim that if plaintiffs must consider the financial consequences of a possible loss against a defendant for whom cost is no object, they might be intimidated into avoiding even the most meritorious of cases for fear of the potentially ruinous costs, thus thwarting the cause of justice. They claim that a large corporation, for example, when faced with a lawsuit that it has a 50 percent chance of winning, might help the odds by threatening to incur legal costs so high that the plaintiff would be financially ruined if the defendant won the case. In addition, they point out that regardless of the rule followed, there will always be defendants who will evaluate the likelihood of success in court against the costs involved, and might “buy off” a plaintiff to save court costs even if the chances of prevailing are good.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

By Poetress — On Jul 23, 2014

I had never heard of the term "American Rule" until I came across this article, even though most Americans know they must pay their own attorney fees. It was interesting to see the difference between the America and England. I wonder what other countries might follow the American or English rule.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.