It has, however, numerous statutory exceptions (listed at the back of this report), some if not most of which Congress enacted in order to encourage private litigation to implement public policy. Under these exceptions, a federal court (and sometimes a federal agency) may order the losing party to a lawsuit to pay the winning party's attorneys' fees. The Supreme Court has held that the dual standard does not apply under the attorneys' fees provision of the Copyright Act, 17 U.S.C. Awards of Attorneys' Fees in Civil Rights Cases

All federal civil rights laws permit awards of attorneys' fees and the major litigation concerning fee awards has occurred under these laws. § 7430, authorizes the Internal Revenue Service and federal courts to award attorneys' fees of up to $125 an hour in tax cases in which the United States fails to establish that its position in the proceedings was substantially justified. The Equal Access to Justice Act (EAJA), which took effect October 1, 1981, amended § 1988(b) to remove its authorization for awards of attorneys' fees in tax cases. 26 U.S.C. § 2412(a), which provides:
Except as otherwise specifically provided by statute, a judgment for costs, as enumerated in section 1920 of this title but not including the fees and expenses of attorneys may be awarded to the prevailing party in any civil action brought by or against the United States....
A Senate report said that the 1966 change was enacted to correct the—
disparity of treatment between private litigants and the United States concerning the allowance of court costs.... As things now stand, only in rare cases can costs be awarded against the United States in the event that it is the losing party. In addition, the plaintiff must pay the defendant's costs incurred after such time. § 1983, and several other civil rights statutes. Statutory Limitations on Attorneys' Fees

Some federal statutes and regulations limit the amount attorneys may charge their clients for representing them before various federal agencies. Awards of Attorneys' Fees to Prevailing Criminal Defendants

Until the enactment of P.L. Some courts have interpreted this provision to allow attorneys' fees. Committee Print. The Awarding of Attorneys' Fees in Federal Courts. 4584 and Similar Bills. Taxpayer Protection and Reimbursement Act. Subcommittee on Courts and Administrative Practice.
In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys' fees of the prevailing party. The major common law exception authorizes federal courts (not agencies) to order a losing party that acts in bad faith to pay the prevailing party's fees.
There are also roughly two hundred statutory exceptions, which were generally enacted to encourage private litigation to implement public policy. Awards of attorneys' fees are often designed to help to equalize contests between private individual plaintiffs and corporate or governmental defendants. Thus, attorneys' fees provisions are most often found in civil rights, environmental protection, and consumer protection statutes.
In addition, the Equal Access to Justice Act (EAJA) makes the United States liable for attorneys' fees of up to $125 per hour in many court cases and administrative proceedings that it loses (and some that it wins) and fails to prove that its position was substantially justified. EAJA does not apply in tax cases, but a similar statute, 26 U.S.C. § 7430, does.
Most Supreme Court decisions involving attorneys' fees have interpreted civil rights statutes, and this report focuses on these statutes. It also discusses awards of costs other than attorneys' fees in federal courts, how courts compute the amount of attorneys' fees to be awarded, statutory limitations on attorneys' fees, and other subjects. In addition, it sets forth the language of all federal attorneys' fees provisions, and includes a bibliography of congressional committee reports and hearings concerning attorneys' fees.
In 1997, Congress enacted a statute allowing awards of attorneys' fees to some prevailing criminal defendants.