Attorney Suing Client For Fees In San Bernardino
Description
Form popularity
FAQ
Under the “American Rule” each party to a lawsuit is responsible for their own attorney's fees and costs absent a contractual agreement or statutory exception. (Cal. Code Civ.
California Civil Code Section 1717 allows for the collection of attorney's fees if there is a clause in a contract specifying such a provision. The provision, however, cannot be “one-sided,” meaning both the plaintiff and defendant should be able to recover attorney's fees if they win.
Certain types of non-contract disputes may be governed by a specific statute that provides that the winner can recover attorney's fees against the loser. For example, certain types of employment claims and civil rights claims are specifically governed by statutes that provide for a winner recovering attorney's fees.
Is an attorney more powerful than a lawyer? Not necessarily. While attorneys specifically represent clients in court, both lawyers and attorneys have the same level of legal education and training. The distinction is more about their role, rather than their power or authority.
Deciding whether to sue a client for unpaid fees and expenses requires a careful and in-depth analysis of the risks and benefits of bringing such a claim. Attorneys should be wary of the risk of a malpractice counterclaim, as well as the financial risks associated with a collection suit.
How to Collect Court-Awarded Attorney Fees Step 1: Understand Your Judgment. Step 2: Locate the Debtor and Their Assets. Step 3: Determine the Best Method of Collection. Step 4: Initiate the Collection Process. Step 5: Enforce the Collection. Step 6: Address Any Challenges. Step 7: Complete the Collection and Close the Case.
In addition to statutory provisions, attorney fees may be recoverable under equitable principles. These principles generally apply in cases where one party has acted in bad faith or where significant misconduct has resulted in additional legal costs for the other party.