Attorneys' Fees 1

"Any provisions in a writing which create a debt, or create a lien on real property, requiring the debtor, obligor, lienor or mortgagor to pay reasonable attorney fees incurred by the creditor, obligee or lienholder in the event of default, shall be enforceable, provided, however, such fees shall only be allowed to the extent actually paid or agreed to be paid, and shall not be allowed to a salaried employee of such creditor, obligor or lienholder. (KRS § 411.195)

Any person injured by any act in violation of the provisions of the Civil Rights chapter shall have a civil cause of action in Circuit Court to enjoin further violations, and to recover the actual damages sustained, together with the costs of the law suit. The court's order or judgment shall include a reasonable fee for the plaintiff's attorney of record. (KRS § 344.450) The court from time to time after considering the financial resources of both parties may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under the divorce proceedings chapter and for attorney's fees, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or after entry of judgment. (KRS § 403.220) If any administrative law judge, the board, or any court before whom any proceedings are brought under the workers' compensation chapter determines that such proceedings have been brought, prosecuted, or defended without reasonable ground, he or it may assess the whole cost of the proceedings which shall include actual expenses but not be limited to the following: court costs, travel expenses, deposition costs, physician expenses for attendance fees at depositions, attorney fees, and all other out-of-pocket expenses upon the party who has so brought, prosecuted, or defended them. (KRS § 342.310) If an insurer fails to settle a claim within the time prescribed in and the delay was without reasonable foundation, the insured person or health care provider shall be entitled to be reimbursed for his reasonable attorney's fees incurred. (KRS § 304.12-235)"

Kentucky follows the American Rule, which requires that each party in litigation pay its own attorneys' fees, unless there is a specific contractual provision between the parties to allow for recovery of attorneys' fees, a statute that expressly provides recovery of attorneys' fees, or there has been a finding of bad faith. (Rumpel v. Rumpel, 438 S.W.3d 354 (2014); Although attorney's fees are not generally allowable as costs in absence of a statute or express contractual provision, this rule does not supersede the equitable rule that an award of counsel fees is within the discretion of the court depending on the circumstances of each particular case Batson v. Clark, 980 S.W.2d 566 (1998)