The filing of a lawsuit may give rise to an action for malicious prosecution or to an action for defamation, but not to an action for invasion of privacy. Kenner v. Cousin, 1927, 163 La. 624, 112 So. 508; Young v. Courtney, 1858, 13 La.Ann. 193, 195-196; Osborn v. Moore, 1857, 12 La.Ann. 714; Cade v. Yocum Jones, 1853, 8 La.Ann. 477, 478. Louisiana has never recognized that an invasion of privacy could occur merely by the filing of a lawsuit.

But if the injury was not wanton or malicious, and exemplary damages are not recoverable, the allowance of counsel fees is improper. St. Peter's Church v. Beach, supra; Henry v. Davis, 123 Mass. 345; Warren v. Cole, 15 Mich. 265: Young v. Courtney, 13 La. Ann. 193; Flanders v. Tweed, 15 Wall. 450; Oelrichs v. Spain, Id. 210; Day v. Woodworth, 13 How. 363; and Conrad v. Ins. Co., 6 Pet. 262. Where parties in good faith differ as to their rights, and resort to law to settle their differences, the law has prescribed what costs shall be taxed, and what shall be therein included as the fee of the winning party.