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Can I counter sue attorney for fees of other party?

Pompano Beach, FL |

Hello, I went to mitigation today for time sharing and visitation agreement. I work but could not afford an attorney to represent me, so I went thru the self help and I did all the legal documents myself. The other party is unemployed and could have done the same, but she chose to hire an attorney and then have her attorney request I pay for her fees. In the mitigation, there was 1 issue we didn't agree on & the attorney said that she is making me aware of the law and since I chose to continue to court, she will request I pay her fees..My question is, can I counter sue the attorney if judge says I have to pay her fees?.Isn't it the other parties responsibility to ensure she can afford an attorney before hiring one?. I find this unfair, other party should not have hired attorney if couldn't

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Attorney answers 2


If you are taking an issue to court which you are legally on the losing side, the other attorney can request that you pay her fees. This is a sort of punishment for wasting the attorney's time.

What do you believe you could "counter-sue" her for? You are not eligible to claim attorney fees yourself.

The other party was smart to approach an attorney for assistance. I highly recommend you stop facing off against a trained attorney alone and hire your own. You will likely lose more if you fight this attorney on your own.

Good luck.

DISCLAIMER This answer is not legal advice nor does it create an attorney-client relationship between any user/reader and The Law Offices of Jimmy Allen Davis, P.L.. We encourage and welcome you to contact us about your legal problems and visit our website at or email me at



Thanks for your reply...


Sure the other attorney can ask for fees. That does not mean the attorney will receive an award of fees, even if you lose on that issue. In family law matters, it is not whether an issue is decided in the party's favor but the relative ability of the parties to pay fees. See Section 61.16 Florida Statutes.

For the most part, courts do not award fees if the parties are of modest means. Also, income can be imputed to a party who is voluntarily unemployed or underemployed.

If you do not have an attorney, then what would you be counter-suing for?

The other party was wise to have an attorney. You should strongly consider doing so also. Yes, I realize that attorneys fees can be high, but a court action is a serious event. You wouldn't want to operate on your own brain, would you?

I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

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