Can I Recover Attorney’s Fees in a Kentucky Lawsuit?
One of the most common questions I get from clients considering a lawsuit is: “Can I make the other side pay my legal fees?” In most civil litigation in Kentucky, the default answer is no — each side pays their own attorney’s fees, regardless of who wins. This is known as the “American Rule.” But there are important exceptions, and knowing when fee-shifting is available can significantly affect the economics of your case.
The American Rule — and Its Exceptions
Kentucky follows the American Rule: absent a contractual provision or statutory authorization, each party bears their own attorney’s fees. But several exceptions can flip that default:
Contractual fee-shifting. Many contracts include a provision requiring the losing party to pay the prevailing party’s attorney’s fees. If your contract includes such a clause, the court will enforce it. This is particularly common in commercial leases, loan agreements, and construction contracts. If you’re entering into a contract, this is a provision worth negotiating for.
Statutory fee-shifting. Several Kentucky and federal statutes mandate fee-shifting to prevailing plaintiffs. Key examples include wage and hour claims under KRS 337.385 and the FLSA — both provide mandatory fees to prevailing employees, Kentucky’s anti-SLAPP statute (KRS 454.472) — mandatory fees to a prevailing movant, consumer protection claims under KRS 367.220, civil rights claims under 42 U.S.C. § 1988, and certain trust and estate matters where the court finds bad faith.
Bad faith conduct. Kentucky courts have inherent authority to award attorney’s fees when a party litigates in bad faith — for example, by pursuing frivolous claims, stonewalling discovery, or engaging in other conduct designed to harass or increase the other side’s costs.
Why This Matters for Case Strategy
The availability of fee-shifting can transform the economics of a case. A wage claim for $5,000 in unpaid overtime might not seem worth litigating — until you factor in liquidated damages (doubling the recovery to $10,000) and mandatory attorney’s fees on top of that. Fee-shifting makes it economically viable to pursue smaller claims that would otherwise be impractical, and it puts real pressure on the other side to settle rather than face a growing fee exposure.
If you’re evaluating a potential claim and want to know whether attorney’s fees might be recoverable, call me at (859) 225-9540 or use the contact form.
Joseph D. Buckles is a civil litigation attorney at Buckles Law Office, PLLC in Lexington, Kentucky.
