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If I win a legal case, does the losing party pay my attorney

San Diego, CA |
Filed under: Professional ethics

attorney will charge only if case is settled or wins

Attorney Answers 2

Posted

Losing parties have to pay the party that wins only in certain types of matters, such as contract matters where the contract provides that the losing party must pay the winning party their attorney's fees. In personal injury cases, for instance, each party pays their own attorney and if you have a contingency fee agreement with an attorney, the attorney is paid out of the settlement, mediation, arbitration or jury award.

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Posted

Maybe! (Nothing is that easy, is it?)
The American Rule is that each side must pay its own lawyers UNLESS there is a fee-shifting statute or an attorney's fee clause in a written agreement.
There are MANY of these and you need to ask your lawyer if there is one in your matter.
Many times an attorney will take a case on a contingency fee basis, meaning that they get paid a precentage if they win.
BUT even so there are many types of cases that are taken on a contingency fee basis that also have "fee-shifting" language as well.
IF there is fee-shifting language or fee-shifting statute and you lose then you can expect to see an application for legal fees from the other side against YOU to get paid.
So....ask your lawyer about all this. Take notes. Be careful.....

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