My ex wife who had custody of our son. She not only beat him, but served him up to he beat be her live in boyfriend. I found out when the boyfriend sent me a text by mistake saying he was beating him. Both had OFP's issued against them after trial. Both appealed to MN Court of Appeals and MN Supreme Court and all was upheld. The Boyfriend was also twice successfulu convicted for violating the OFP. My question is for whatever reason given the chaos at the time, my Attorney did not ask for fees. It's been only 2yrs and I want to know can I sue them both to recover the $7,500 on Attorney fees given there's no doubt they did it as all 3
Courts in MN found them guilty and I shouldn't have to pay for what a disgusting child abuser did. Is there any law preventing me from doing this? What possible defense would they have when I have the verdict, the appeals verdict and Supreme Court verdict. I had to take out an unsecured loan to pay rhe $7,500. Please help
fees are a discretionary award by the court that oversees the case at the most....I doubt there is a claim for fees.
After reviewing the limited facts you have provided, I would say that I agree with the other attorney. Attorney fees and costs should be requested at the trial court level, or on appeal. The two types of fee awards are need based or conduct based, which are awarded when one party unreasonably contributes to the length and the cost of the proceeding. If your ex filed the appeal in good faith (which it sounds like she did if the Supreme Court granted review), you are probably not entitled to conduct-based fees.
$7,500 does not sound unreasonable for all of that litigation, but I know it's a lot of money. If you are really concerned, I would ask your attorney for the reasons why you did not request fees from the get go. Best of luck to you.
Disclaimer: While this attorney's law office accepts clients from Avvo, please note that nothing in this message creates an attorney client relationship. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice.
Probably not. See this post: http://www.fremstadlaw.com/awarding-attorneys-fees-in-civil-litigation/
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney-client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline