Attorneys' Fees under the Uniform Securities Act

Monday, June 27, 2022

Because of the expense of litigation (and arbitration), a common question is whether attorneys' fees are available to the prevailing party.  Yes, but only in connection with some claims and don't bank on it.

Under the Uniform Securities Act, which has been adopted in four New England States, the answer is yes, although recovery of attorneys' fees is permissive, not mandatory.  Maine and New Hampshire adopted the current version of the Act.  Massachusetts and Rhode Island adopted the original Act but have not adopted the current version.  Both the current and prior versions of the Act provide for recovery of attorneys' fees in connection with certain civil claims by the seller, purchaser, and in several other situations.