Will the Other Side Be Required to Pay My Attorney Fees?
Paying attorney fees, for most people, is one of the least popular parts of taking a case to a legal professional. And, one of the most asked questions is, “Will the other side be required to pay my attorney fees?” as hopefully getting help with paying attorney fees would be appreciated.
In most instances, what is termed “The American Rule” is the standard by which attorney fees are paid? This rule dictates that each side pays its own attorney costs, whether they win or lose a case. But, as with most “rules” in life, there are exceptions which judges may impose if certain circumstances present themselves. These exceptions will depend on what state you live in and what type of case you are pursuing. In general, here are some exceptions when you would receive some or all of your attorney fees if you win.
- A state has a statute (law) that, in a particular instance attorney fees would be paid by the party who loses the case.
- In the interest of justice and fairness
- When a federal law is violated
- When a lawsuit benefits the public
- If the parties agree ahead of time to who will pay attorney fees, often referred to as a contract provision
- In family law in Florida, a judge will sometimes look at the financial status of each party and determine one party has a distinct advantage over the other in paying attorney fees for such cases as divorce, child support, and modifications. Often a partial payment for the other party’s attorney’s fees will be ordered.
- If an attorney brings unnecessary motions before the court in an attempt to stall the case, a judge can order the payment of attorney fees for the opposing party having to endure unnecessary extra costs.
- If a judge feels one party was bringing a matter to court when it was not necessary to do so, he or she can order payment of the other party’s attorney fees.
- As a bargaining tool during mediation, when trying to negotiate a marital settlement without going to court.
Most attorneys are aware of the rules and practices of the state or states in which they practice, so will be able to advise you as to whether, in your case, it might be possible to have some or all of your attorney’s fees paid. If you live in Florida in Palm Beach, Martin, St. Lucie, Miami Dade, Broward, Orange, or Hillsborough county or New York or Washington D.C., Family Law Attorney Grant Gisondo can answer your questions regarding paying attorney fees in the state of Florida. If you are considering a Family Law case attorney, Gisondo offers a free, initial, in-office consultation to answer your questions help you learn how he can work for you. His office hours are Monday through Friday from 9:00 AM to 5:00 PM and, for new clients, on Saturday from 8:30 AM to 1:00 PM. Please call his office at (561) 530-4568.