Costs of Litigation in the United States

Fees and the Costs of Litigation and the Federal Courts

In the words of the Administrative Office of the United States Courts: Another characteristic of the American judicial system is that litigants typically pay their own court and attorneys’ fees whether they win or lose. Most court fees are set by Congress. Other costs of litigation, such as attorneys and experts fees, are more substantial. In criminal cases, the government pays the costs of investigation and prosecution. The court also provides a lawyer without cost for any criminal defendant who is unable to afford one. In civil cases, plaintiffs who cannot afford to pay court fees may seek permission from the court to proceed without paying those fees.