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The typical attorney-fee clause states that if one party breaches the contract, the other party can sue and recover its attorney fees for bringing the suit. If you have a contract dispute or you if you are negotiating a contract, you should pay careful attention to any language on attorneys' fees.
If you are the one who is being divorced (the respondent), the Court might order you to pay the legal fees of both sides. This is unjust, but it is based on the old court principles that if you can prove your case before them, then you will also get your costs.
The primary issue in Kay v. Ehrler is, simply put, whether a pro se litigant who also happens to be a lawyer is entitled to attorney fees under the Civil Rights Attorneys' Fee Awards Act.On the contrary there also are a number of federal courts that have permitted pro se attorneys to recover fees under Section 1988.
As a general rule, a wife cannot force her husband to pay for their divorce. Each party in the divorce action pays for his or her attorney fees and costs. However, there are circumstances in which a judge may order a husband to pay the wife's attorney fees and costs.
Attorney's fees are often expensive, and you may be hoping that your ex will have to pay your legal bills. The answer is: probably not, unless extreme circumstances warrant it.This means that even if you think you do not have the money to pay your legal bills, the judge does not have to award you attorney's fees.
If you are forced to defend yourself in the case, and you prevail, you can collect your attorneys' fees from the party truly at fault. For instance, if you are a general contractor, and one of your subcontractors burns the project down, the owner will probably sue you for the damage.
The American Rule states that each party pays its own attorneys' fees, regardless of who is the prevailing party.There are thus conditions to recover your attorneys' fees in a legal matter, and attorneys' fees are never recovered in California unless a lawsuit has been filed.
You cannot sue your ex for legal fees because you did not like the representation your attorney gave you. You could have fired your attorney at any time if you did not agree with the way he or she handled the case.