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massachusetts adheres to the american rule when it comes to litigants attorneys fees this rule states that regardless of the outcome of litigation both sides are responsible for their own legal bill in other words the winning party cannot force the losing party to pay the winning partys legal legal fees there are three exceptions to this rule the first one is that the parties can stipulate in advance that if the matter goes into litigation the winning side will recover legal fees so a lot of civil litigation has to do with contracts and written agreements and business deals and its not uncommon for many agreements whether its a promissory note for a home loan or its a lease or a purchase and sale agreement whatever it is often the lawyers will put in there into the agreement that if the matter ends up in litigation the winning side will collect legal fees from the losing side so if theres some some language similar to that in a contract or a written agreement thats in dispute and