Recovering Attorney’s Fees “Incurred” on Party’s Behalf

Simply because a defendant does not pay his/her/its own attorney's fees does not mean the defendant is not entitled to recover attorney’s fees incurred on his/her/its behalf. That wouldn’t seem to make much sense since attorney's fees would have been incurred on the defendant’s behalf. Who actually writes the check to pay the attorney's fees is really of no moment, right? Therefore, do not bank your argument that another party will never be entitled to recover their fees because that other party did not personally pay for his/her/its own attorney's fees. This was the argument raised in Jain v. Buchanan...