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Legal fees for employer unpaid wages

I brought a law suit against my employer for unpaid accured vacation pay in 2017. The case will not be settled until 2018. I have legal fees in both 2017 and 2018. I have not settlement from the emplyer yet. Can I deduct the legal fees in 2017 before the case is settled. If settled, can I deduct the 2017 legal fees in 2018?