Paying attorney’s fees for the other side can be costly

This case serves as a stark reminder to municipal officials that litigation, even when settled prior to trial, can be an expensive proposition, especially when the municipality must pay the attorney’s fees of the other side. As part of a settlement, the Town agreed to pay reasonable attorney’s fees as determined by the Court. This was a civil rights case involving the arrest of two street preachers for disorderly conduct for preaching too loudly near the Hampton Beach boardwalk. The plaintiffs challenged the constitutionality of RSA 644:2, (III) (a). The plaintiffs requested $61,748 in attorney’s fees, and the Town offered to pay $14,368. The court ultimately awarded $34,005 in attorney’s fees to be paid by the Town. If the plaintiffs had prevailed at trial, the fees and costs assessed against the Town would have been significantly higher, supporting the proposition that when possible, being open to settlement options is often in the best interests of the municipality.