The short answer
Under the American rule, each side usually pays its own lawyers, win or lose. Fees shift only when a contract clause or a statute allows it.
Where it fits in your case
It matters at the start, because it affects whether a case is worth pursuing, and it is decided at the end.
What to expect
Contract clauses often award fees to the prevailing party.
Statutes, such as the Illinois Consumer Fraud Act or Section 155 of the Insurance Code, can allow fees.
Reasonableness. Courts review and can reduce the fees requested.
What we need from you
Every contract, purchase order, and set of terms that might include a fee clause.
Common misconceptions
“The loser always pays.” Not in the U.S. without a clause or statute.
“We’ll get every dollar back.” Courts can reduce fee awards.