Tort Of Another Fees Are Consequential Damages, Not Recoverable As A Cost Item.

    The December 2018 issue of Orange County Lawyer includes an article by mediator William J. Caplan, entitled "Backdoor Attorneys' Fees Based on the Tort of Another: A Mediator's Perspective." The article is useful for its clarity, for its brevity, and because this can be a confusing area of practice. An understanding of the "tort of another" doctrine, as a basis for recovering attorney's fees, is a useful tool for mediators, because counsel will sometimes advance a claim for attorney's fees based on the doctrine, making it important for a mediator to evaluate whether the doctrine applies in a particular case. In addition, an unexpected claim for attorney's fees in a mediation can give a party leverage.

    My colleague Mike Hensley and I have also written an article about the topic, and our blawg California Attorney's Fees includes sidebar topics on fees as damages and tort of another.