Attorney's Fees

"Except as otherwise provided, in any civil action commenced or appealed, the court must award, as part of its judgment and in addition to any other costs otherwise assessed, reasonable attorney’s fees and costs against any party or attorney if the court, upon the motion of any party or on its own motion, finds that an attorney or party brought an action, or asserted any claim or defense, that is without substantial justification, or that the action, or any claim or defense asserted, was interposed for delay or harassment, or if it finds that an attorney or party unnecessarily expanded the proceedings by other improper conduct.

No attorney’s fees or costs shall be assessed if a voluntary dismissal is filed as to any action, claim or defense within a reasonable time after the attorney or party filing the action, claim or defense knows or reasonably should have known that it would not prevail on the action, claim or defense.

When a court determines reasonable attorney’s fees or costs should be assessed, it shall assess the payment against the offending attorneys or parties, or both, and in its discretion may allocate the payment among them, as it determines most just, and may assess the full amount or any portion to any offending attorney or party.

No party, except an attorney licensed to practice law in this state, who is appearing without an attorney shall be assessed attorney’s fees unless the court finds that the party clearly knew or reasonably should have known that such party’s action, claim or defense or any part of it was without substantial justification. Miss. Code Ann. § 11-55-5.

Miss.Code Ann. § 11-55-7 details factors to consider when determining the amount of attorney's fees to award.

When any person fails to pay an open account within thirty days after receipt of written demand, that person shall be liable for reasonable attorney’s fees. Miss.Code Ann. § 11-53-81"

"Mississippi follows the ""American Rule"" in that attorneys' fees and other expenses of litigation are the individual responsibility of each party, i.e. there is no shifting of fees so as to require the losing party to reimburse the prevailing party for its attorneys' fees. Attorneys' fees and expenses, however, are recoverable by the prevailing party in cases where there exists 1.) a contractual fee-shifting agreement or, 2.) a statute containing a fee-shifting provision or, 3.) where punitive damages were awarded to the prevailing party. Stokes v. Board of Directors of La Cav Imp. Co., 654 So. 2d 524, 529 (Miss. 1999).

Under Mississippi law contractual provisions between knowledgeable parties allocating the burden of attorneys' fees are enforceable. Trilogy Comm., Inc. v. Thomas Truck Lease, Inc., 790 So. 2d 881, 887 (Miss. App. 2001). Mississippi courts have interpreted contract clauses providing that the creditor may collect ""all amounts due from the customer"" or in ""enforcing any rights under the contract"" to encompass not only the attorneys' fees/expenses incurred in procuring a final judgment against the debtor, but to also include post-judgment attorneys' fees/expenses expended in collecting the debt and/or expenses incurred on appeal. Trilogy Comm., Inc., 790 So. 2d at 887-888; Turner v. Terry, 799 So. 2d 25, 38 (Miss. 2001).

Determining the amount of attorneys' fees/expense to award a prevailing party is a matter in the sound discretion of the trial court judge, whose findings are reviewed on appeal under an abuse of discretion standard. Bank of Miss. v. Southern Mem'l Park, Inc., 677 So. 2d. 186, 191 (Miss. 1996)."