How Leading Lawyers Think by Randall Kiser

Author:Randall Kiser
Language: eng
Format: epub
Publisher: Springer Berlin Heidelberg, Berlin, Heidelberg

11.10.3 Ancillary Damages

Defendants’ exposure to ancillary damages like an attorneys’ fee award in an employment discrimination case heavily influences case evaluation and settlement. The amount of ancillary damages can be greater than the general damages award:In some cases, it’s more of a risk management issue that goes beyond the merits. In civil rights cases, you have exposure for attorneys’ fees if you lose. That’s huge. It could be tens of thousands, maybe a hundred thousand in fees. We have the same issue with employment cases. In FEHA [Fair Employment and Housing Act] employment cases the court can award attorneys fees. You have to consider more than just liability; the attorney fee exposure can be much larger than the plaintiff’s damage claim.

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