fee shifting

Fee shifting is a legal rule where the losing party in a lawsuit is required to pay the winning party’s legal costs. Usually, each side pays its own attorneys’ fees, regardless of the outcome. Fee shifting is often used to promote justice by encouraging weaker parties to seek legal remedies without fear of prohibitive costs. It can be applied through statutes or court decisions, especially in cases involving civil rights, discrimination, or public interest litigation. This mechanism aims to balance power between parties and ensure access to justice without discouraging valid claims due to expense.