The court may issue a impermanent restrict order without written or oral poster to the adverse party or its lawyer only if : ( A ) specific facts in an affidavit or a verify ailment clearly show that contiguous and irreparable injury, loss, or wrong will result to the movant before the adverse party can be heard in opposition ; and
Mar 09, 2022 ·
Nov 12, 2015 · Look for an attorney who is experienced in handling attorney's fees disputes. Make copies of any documents related to the fee dispute to take with you to the hearing. You also might want to write notes for yourself regarding the items in your bill you dispute and your reasons for disputing them, so you can present your case in an organized fashion.
I would not sign anything without reviewing it first. I would try and hire a lawyer and see if they will file a motion to attempt to get the other side to pay him or her. It is ultimately up to the judge and court if your ex is ordered to pay for your attorney.
Yes and it is up to the court whether or not the award of attorney fees is appropriate.
The statute allows for both sides to seek an attorneys fees award. The court often looks at the incomes and comparative wealth of the parties to determine whether one party should pay all or part of the other person's attorneys fees.
Yes either side can always ask to have one party pay the attorney fees. This is very fluid and it can be awarded by the judge in some cases, but not always. If they are trying to negotiate then do the same, if they won't agree to something that is equitable, then certainly, you should try your luck with the judge.
One who makes a motion before a court. The applicant for a judicial rule or order.
n. the party in a lawsuit or other legal proceeding who makes a motion (application for a court order or judgment). (See: motion, move)
If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.
If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:
If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.
Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.
But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.
If you want to sue for legal malpractice, do it as quickly as possible. A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument.
It's common for attorneys' fees to be awarded when the contract at issue requires the losing side to pay the winning side's legal fees and costs. This usually occurs in a business context where the parties have specifically included an attorney fee requirement in a contract.
(In law, equity generally means "fairness," and an equitable remedy is a fair solution that a judge develops because doing otherwise would lead to unfairness.) This type of equitable remedy—granting attorneys' fees to the winning side—is often used when the losing side brought a lawsuit that was frivolous, in bad faith, or to oppress the defendant, and the defendant wins.
Whether an exception to the "American Rule" will apply will depend on the type of case you're involved with and the state in which you live. For instance, you might have to pay when: 1 a contract provision calls for the payment of attorneys' fees, or 2 a statute (law) specifically requires payment of attorneys' fees by the losing side.
a contract provision call s for the payment of attorneys' fees, or. a statute (law) specifically requires payment of attorneys' fees by the losing side. If you're concerned or hopeful that your opponent will have to pay attorneys' fees, check (or ask your lawyer to check) if any exceptions apply to your particular case.