JOURNAL ARTICLE

Tracing the Origins of Michigan's American Rule Denying Attorney Fees to Winners in Civil Litigation.

  • Published In: Michigan Historical Review, 2025, v. 51, n. 1. P. 27 1 of 3

  • Database: America: History and Life with Full Text 2 of 3

  • Authored By: Maveal, Gary M. 3 of 3

Abstract

The Michigan Historical Review article examines the historical origins of Michigan's American Rule, which restricts the awarding of attorney fees to winners in civil litigation unless specified by law or court rule. It contrasts this with the English Rule, which typically grants reasonable attorney fees to prevailing parties. The text traces the development of fee-shifting statutes in Michigan from the early 19th century, exploring how legislative and judicial changes have shaped the state's legal landscape. It also discusses efforts to address the Justice Gap and enhance access to justice through legal aid services and pro bono representation. [Extracted from the article]

Additional Information

  • Source:Michigan Historical Review. 2025/03, Vol. 51, Issue 1, p27
  • Document Type:Article
  • Subject Area:History
  • Publication Date:2025
  • ISSN:0890-1686
  • DOI:10.1353/mhr.2025.a958285
  • Accession Number:185233477
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