---
title: What about my attorney' fees?!?!
description: Are attorney fees covered or not covered when you win in MN?
image: https://www.gallatin-law.com/hubfs/Canva%20images/Canva%20Design%20DAFlEB5spus.png
---
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06/07/2023
# What about my attorney' fees?!?!
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Few things rattle the client's cage more than having to pay attorney's fees while still winning. It's a common cry: They'll pay my attorney's fees!!!!
The English litigation system awards to the prevailing party it's attorney fees simply as a matter of course. The USA is different. “The general rule in Minnesota is that attorney fees are not recoverable in litigation unless there is a specific contract permitting or a statute authorizing such recovery.”[ *Dunn *](https://www.mncourts.gov/mncourtsgov/media/Appellate/Court%20of%20Appeals/Standard%20opinions/OPa221465-060523.pdf)[*v. Nat’l Beverage Corp.*, 745 N.W.2d 549, ](https://www.mncourts.gov/mncourtsgov/media/Appellate/Court%20of%20Appeals/Standard%20opinions/OPa221465-060523.pdf)[554](https://www.mncourts.gov/mncourtsgov/media/Appellate/Court%20of%20Appeals/Standard%20opinions/OPa221465-060523.pdf) (Minn. 2008) (quotation omitted). For example, “[L]eases are contracts” and can identify whether attorney's fees are paid to the prevailing party. [*RAM Mut. Ins. Co. v. Rohde*](https://mn.gov/law-library-stat/archive/ctapun/2015/opa141131-041315.pdf)[, 820 N.W.2d 1, 14](https://mn.gov/law-library-stat/archive/ctapun/2015/opa141131-041315.pdf) (Minn. 2012). Other actions, such as private attorney general claims, grant attorney's fees to the plaintiff pursuant to statute; no contract clause is needed.
But, be careful to take away the court's discretion. The court determines what amount should be awarded to the prevailing party. It must always be "reasonable". However, if you state the court "may" award attorney's fees versus "shall" award attorney's fees, you leave the door open to not getting any of your fees paid. A judge may honor a jury's decision, but not like your client or your case and invoke its discretion to not award attorney's fees.
Take note of this and keep it in mind. Attorney's fees are always important to incorporate into a litigation adventure. This may help you assess whether to proceed and is something I always incorporate into my counseling.
- [fees](https://www.gallatin-law.com/blog/tag/fees),
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## [Dan Gallatin](https://www.gallatin-law.com/blog/author/dan-gallatin)
Dan is a lifelong resident of Minnesota. Born in St. Paul, Dan spent many of his formative years growing up there before moving to White Bear Lake. After graduating from White Bear Lake, Dan spent four glorious years at the University of Wisconsin-Madison, earning a degree in two majors. Dan worked as a Senior Investigator at the Minnesota Department of Commerce for several years after graduating from college. During his final years Dan attended William Mitchell College of Law while still working full-time. During this exhausting 3 ½ year period Dan honed his skills in becoming an efficient, to-the-point legal practitioner. While at Madison Dan met his wife, Tonya, and together they moved to Minnesota to plant their roots. Dan and Tonya have two amazing, unique children and reside in Hugo.
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