I asked this question earlier but have some new info .....
I was plaintiff in a limited jurisdiction case and lost. The defense lawyer filed a motion for attorney's fees in excess of $100,000 against my lawyer (the motion specifically states my lawyer only).
Does this mean that if the motion is granted, I would be responsible for 50%, all or none?
According to Wikipedia: "Most countries operate under a "loser pays" system, sometimes called the English Rule. United States is a notable exception, operating under the American Rule, whereby each party bears its own legal expenses. Some statutes permit awards of attorney fees to prevailing defendants in extraordinary circumstances, such as proving that the litigation was frivolous, in the sense of it being objectively baseless and in brought in bad faith."
The defense filed for summary judgement to dismiss the case prior to trial but were rejected by the judge. Does this mean I have a good chance of prevailing?
2007-06-27 16:10:11 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I mean defense kept filing motion to dismiss my case but the judges (couple of them) kept rejecting it because they felt it had merit. so wouldn't this influence the judge to see that it wasn't meritless and frivilous and rule in my favor????
2007-06-27 16:13:38 · update #1
You took up their time, cost them money, and were apparently wrong in doing so. You should pay.
2007-06-27 16:21:52 · answer #1 · answered by netjr 6 · 1⤊ 0⤋
If the motion is granted, you would probably not be responsible for it, but it would depend on the contract you have with your attorney. Read it over carefully and see what it says about this type of thing. Usually, in the US, losing parties don't have to pay attorney's fees except in extreme cases. However, there are penalties for attorneys who file frivolous suits. But honestly, I HIGHLY doubt the judge will grant any more than a token amount in attorney's fees, unless you did something totally unreasonable in bringing the suit.
2007-06-27 17:03:23 · answer #2 · answered by Anonymous · 1⤊ 0⤋
You would be responsible for it all. But the court rarely gives even half of what is asked for in attorney fees.
2007-06-27 16:17:10 · answer #3 · answered by cyanne2ak 7 · 1⤊ 0⤋
why would you be 50% responsible?? you could be 100% responsible but i think nots
2007-06-27 16:20:58 · answer #4 · answered by blktan23 3 · 0⤊ 1⤋