I was sued for hitting another car with my car. If the jury says I wasn’t at fault, I can get the judge to order the other side to pay my attorneys fees can’t I?

No, you can’t!

The general rule is that the court cannot order one party to a case to pay the other side’s attorney’s fees.

Only where the statute specifically allows an award of attorney’s fees can the court order them to be paid.

For instance, in a divorce case, the court can award attorney’s fees to one side or the other, depending on the parties’ relative ability to pay.

Also, by statute, in a landlord-tenant case, if an eviction was unlawful the landlord can be ordered to pay the tenant’s attorney’s fees; or if the tenant brings a frivolous case, the tenant can be ordered to pay the landlord’s attorney’s fees.

If a person sues for a consumer fraud under the Unfair Trade Practices Act, the person can get attorneys fees, but only if they made a written demand before bringing the court case, to give the other party a chance to settle.

If you are discriminated against in employment or housing or credit on account of your race, color, sex, religion, age, ancestry or disability, the statute says you can ask the court to make the other side pay your attorney’s fees, but only if you filed your complaint with the Maine Human Rights Commission first, before you went to court, to allow the Commission to investigate and to try to work things out. The Human Rights Commission may then find that there are reasonable grounds to believe you have been discriminated against, or they may give you a “right to sue” letter, either of which gives you the right to ask for statutory damages and attorneys fees.

In the usual civil or criminal case, however, the court cannot make the other side pay for your attorney. It’s the law!