Whether you are suing or being sued, it is important to have a frank discussion with your attorney about the cost of the lawsuit. Even if you are being sued frivolously, there is no guarantee of recovery of your attorneys fees. You have a better shot at recovering costs, but costs are minimal compared to attorneys fees. The American Rule is that each side bears their own fees unless there is a statute or contract that provides for fees to the prevailing party. And even with a statute or contract that provide for fees, many cases are left to the judge’s discretion.
There are techniques to increasing the possibility of recovery and it is important you talk with your attorney about those strategies.