In the U.S., each side generally pays its own attorney's fees regardless of who wins — unless a statute, contract, or court rule says otherwise. When one of those exceptions applies, recovering fees usually requires a separate, well-supported motion.
Establishing the legal basis first
Before addressing amount, the motion has to establish why fees are recoverable at all — a fee-shifting statute, a contractual attorney's fees clause, or a rule allowing fees as a sanction. Skipping straight to the dollar amount without this foundation is a common reason these motions fail.
Proving the fees were reasonable
Courts typically require detailed billing records showing hours worked, rates charged, and the reasonableness of both against prevailing rates in the area. Vague or block-billed time entries invite a court to cut the award significantly.
The lodestar calculation
Many courts use a "lodestar" method — reasonable hours multiplied by a reasonable rate — as the starting point, sometimes adjusted up or down based on factors like case complexity or results obtained. Structuring the motion around this framework makes it easier for a judge to grant.
Timing matters as much as content
Most jurisdictions impose strict deadlines for filing a fee motion after judgment, and missing that window can waive the right to recover fees entirely, regardless of how strong the underlying claim is.