By Robert Wenzel
One of the more challenging aspects facing a client during the course of a lawsuit is the payment of lawyer fees. If a case goes to trial, then the amount of money that the party may need to pay can become even more expensive.
Traditionally, in a lawsuit each party is responsible for the payment of their own attorney fees. However, in some instances the winning party is able to recover their lawyer costs from the losing side.
An example of when the prevailing party may collect attorney fees is when one side engaged in improper litigation tactics by bringing or defending an action in bad faith. For instance, one side may defend themselves against certain allegations in a lawsuit. The party may be fully aware that they are guilty of all charges but proceed to act as if they are innocent. If this party is found to be guilty, then they may be liable to pay fees to the other side.
At the same time, the winning side may collect their attorney costs when the other party intentionally brought about a lawsuit without probable cause (which is sometimes referred to as “malicious prosecution”). This could take place when the Plaintiff files a lawsuit against an individual or company without a valid reason or cause.
Further, lawyer costs may be provided when criminal proceedings are wrongfully initiated against an individual. For example, if a person is charged with a crime (such as theft) and it is later discovered that the individual in question was not at the scene, then the person would be entitled to their attorney costs.
Lastly, a party may recover their attorney fees when a lawyer was negligent and did not properly document a community property waiver. The failure to document the waiver would lead to needless litigation that could be avoided had the waiver been properly obtained. In this instance, the party would be able to recover their costs since the lawyers would be participating in malpractice for not timely filing the necessary paperwork.
If a party is unsure if they are entitled to an award of attorney fees or may be liable for paying lawyer costs to the other side, then it would benefit the person or company to consult a business attorney. Meeting with a lawyer can give the person or organization an idea if they have a valid lawsuit. At the same time, meeting with an attorney would ensure that all parties are acting with integrity and in good faith during the course of the lawsuit. Furthermore, consulting with an outside party can ensure that all paperwork is properly and timely filed to avoid any malpractice claims in addition to awarding attorney fees.
Ultimately, meeting with someone can ensure that any potential problems are resolved before they become an issue. Doing so will ensure that one party will not have to pay any additional costs beyond what they have already spent on the lawsuit.