someone is attempting to sue me and my attorney and I are 100% certain they will loose. My attorney and I know they are simply trying to force us to settle, we won't. I know I should ask my attorney this, but at the moment he is out of town and I have not asked him. He indicated it that a ballpark range on defending myself if it went to court would be $13-$15K, why should I be stuck with this? Would the other party have to pay these costs? Or do I have to then sue them?
2007-09-10 08:52:16 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Generally, in America, each side pays it own legal fees. That is the cost of the Attorney. General Court costs can will be paid by the losing side. Filing fees, etc. The cost of depositions, and the alike are borne by the party that incurred the expense. If you can prove abuse of process you might be able to get attorney's fees back. The merits of the case will decide that. As to the 'bro bono' it pro bono and it only is legal aid and/or a rich attorney who might do such. You are not suing so a contingency payment (percentage of your winnings) does not apply. An attorney only has his time to sell, and has to charge. Listen to him. If you are not sure of his advice, seek a meeting with another attorney.
Since I know nothing of the case, that is about all I can offer. (I won't bill for my time). Good luck
2007-09-10 09:12:12 · answer #1 · answered by Songbyrd JPA ✡ 7 · 0⤊ 0⤋
I was going to chime in an opinion but it seems as though a few people answered your question adequately, and better than i could regarding this issue.
it really depends on the circumstances.
what are you being sued for? and how are you 100% certain that they will loose? Even if the suit is completely bogus and from your end you are within the confines of the law, (and they haven't entirely the legal ground they supposed) i wouldn't celebrate yet until after it's over. But that's just me.
Consult with your attorney on this and let it run its course... I hope this works out for you; A lot of people nowadays sue over the most ridiculous, asinine things. "He looked at me the wrong way".... "She stole my boyfriend" ..."i stubbed my toe and went to the hospital and now i delusionally think i have gangrene" etc etc etc...... good luck!
2007-09-10 09:05:55 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Generally, attorneys' fees are awarded in very few cases -- when it is authorized by statute and/or when the losing party's case cannot be supported by ANY rational interpretation of the law. However, merely losing does not afford a basis on which to impose attorneys' fees. The broad rationale behind this is not to discourage people who come to court in good faith to seek redress; otherwise, courts would exist only for the rich.
So the quick answer to your question is, as is often the case in law -- it depends on the particular circumstances.
2007-09-10 08:57:30 · answer #3 · answered by Rеdisca 5 · 1⤊ 1⤋
You can sue them for court and attorney fees, but unless the original judgment included they cover your fees, then no, they are not responsible for them... if it has not yet gone to court, put in a counter-suit for the fees, that way you won't be burdened with them.
good luck, with all the frivolous lawsuits out there, it's amazing that any good justice gets served.
Kate
2007-09-10 08:59:45 · answer #4 · answered by Kathryn P 6 · 0⤊ 0⤋
You can ask in your answer to their complaint that your legal fees in defending their bogus action be returned to you; it's perfectly legal and pretty common, especially in suits where they have no grounds to sue in the first place. Just make sure you ask for it every time you're in front of a judge, and that your attorney very carefully documents every second and every penny he spends on your case.
2007-09-10 08:57:54 · answer #5 · answered by Hillary 6 · 1⤊ 1⤋
That will be up to the court to decide. They may award you costs, or if they feel the suit had merit and was not brought unfairly, they may order each side to pay their own costs.
You could sue them for your costs after the trial, but if the judge ordered you to pay your own costs, you are less likely to win any subsequent suit claiming damages.
Your lawyer should already know all this - that's what you are paying him for. You might need better counsel.
2007-09-10 08:57:08 · answer #6 · answered by Anonymous · 3⤊ 1⤋
Not in America, but you can counter-sue them if the case has no merit. But of course that only helps if they have money of their own or insurance (or property). Best luck. Don't settle - the judge may throw the whole thing out.
2007-09-10 08:58:28 · answer #7 · answered by Anonymous · 0⤊ 1⤋
THere is no such thing as an absolute. Usually the losing party has a responsibility for some if not all of the fees; but every situation is different.
2007-09-10 08:56:41 · answer #8 · answered by wizjp 7 · 1⤊ 2⤋
you can counter sue, and have the judge decide this at the time of your trial, it is faster and cheaper , but, you have a better chance if you sue them after the proceedings are complete,
2007-09-10 09:00:42 · answer #9 · answered by Anonymous · 0⤊ 0⤋
counter sue for attorneys fees..
2007-09-10 08:58:58 · answer #10 · answered by Donna 6 · 0⤊ 0⤋