I am involved with politics as a lawyer. With the upcoming election, I may be hired to challenge nominating petitions. Can I be assessed counsel fees?

The answer is an interesting one because there has been a very recent decision by the Pennsylvania Supreme Court on that very issue. In Pennsylvania, fees and costs were, in the past at times, awarded under the election statute for challenges. That statute is found at 25 P.S. 2937. The actual language refers only to cost. There have been decisions by the Commonwealth Court that held this does not include attorney fees. There were also contrary decisions.

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