Inc., 528 F.3d 614, 623 (9th Cir.2008). The relevant statute, 11 U.S.C. § 362(k)(l), states that “an individual injured by any willful violation of a stay ... shall recover actual damages, including costs and attorneys’ fees, and, in appropriate circumstances, may recover punitive damages.” Without a doubt, Congress intended § 362(k)(l) to permit recovery as damages of fees incurred to prevent violation of the automatic stay. In permitting recovery of these fees as damages, § 362(k)(l) is consistent with the American Rule. There are several other situations in which fees can be part of damages; i.e., where the harm to be remedied includes expenditure of fees. Examples include legal malpractice suits, see, e.g., John Kohl & Co. P.C. v. Dearborn & Ewing, 977 S.W.2d 528 (Tenn.1998) (<HOLDING>) (internal quotations omitted); bad faith
holding that attorney fees are incurred only when there is an express or implied agreement that the fee award will be paid over to the legal representative holding that the defendant was only permitted to recover attorney fees as an item of special damages with respect to the underlying action in which the defendant was sued and was not permitted to recover attorney fees incurred in the malpractice portion of the case as damages holding that there would be no exception to american rule on attorney fees for legal malpractice claims holding that a successful plaintiff in a legal malpractice action may recover initial fees a plaintiff pays or agrees to pay an attorney for legal services that were negligently performed and corrective fees incurred by the plaintiff for work performed to correct the problem caused by the negligent lawyer but not litigation fees which are legal fees paid by the plaintiff to prosecute the malpractice action against the offending lawyer holding that because the wife failed to present any evidence as to the legal services performed in the trial court the wife was not entitled to a second hearing to establish attorneys fees