Prevailing party

Being the prevailing party usually means getting a court order that materially changes the legal relationship between the parties in your favor. A small victory on a side issue is normally not enough. Identifying the prevailing party can be tricky in cases where each side wins some claims, and courts look at the overall outcome rather than a strict win-loss tally. Prevailing-party status matters most under fee-shifting statutes and contract clauses that award fees to the winner. Without one of those, each side normally pays its own lawyers regardless of who wins.