Attorneys' Fees
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Statutes
Recovery of attorneys' fees is controlled by Chapter 7, Rule 2 of the Maryland Rules of Civil Procedure. Recovery can be allowed by specific law, allowed by contract as an element of damages and permitting for a prevailing party pursuant to a contract are controlled by Chapter 7, Rule 2 of the Maryland Rules of Civil Procedure.
Cases
Absent a statute, rule or contract expressly allowing attorneys' fees and costs, the prevailing party may not ordinarily recover attorneys' fees. Bausch & Lomb, Inc. v. Utica Mut. Ins. Co., 355 Md. 566, 735 A.2d 1081 (1999). Maryland courts will permit reasonable contractual attorneys' fees as part of a damage claim. Mattvidi Assocs. Ltd. Partnership v. NationsBank of Virginia, N.A., 100 Md.App. 71, 639 A.2d. 228 (1994).
Comments
With respect to a consumer credit sale or direct installment loan, contractual attorneys' fees may not exceed 15% of the unpaid balance of the obligation. Md. Code, Com. Law §12-307.1. Ordinarily, post-judgment attorneys’ fees are not recoverable. Suntrust v. Goldman, 201 Md.App. 390, 29 A.3d 724 (2011).
Contributors
Steven N. Leitess
Leitess Friedberg PC
The statutory information was edited and reviewed with the support of MultiState
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