Can Your Attorney Sue You for Legal Fees After a Judge Awards Attorney Fees to the Opposing Party?
The relationship between a client and their attorney is often filled with agreement and mutual understanding, but some situations can become complex and even symbiotic. One such scenario is the circumstance where an attorney bills their client for legal fees, only to be awarded by the judge to the opposing party. Does this mean the attorney cannot sue the client for the fees they incurred? The answer is not straightforward and involves several legal considerations.
Liability for Attorney's Fees and Court Expenses
The basic position in legal practice is that you, the client, are liable for any legal fees and expenses your attorney incurs on your behalf. This liability is typically established through a pre-negotiated agreement, which means you are responsible for paying these expenses regardless of the outcome of the case.
Pre-Negotiated Agreements and Billable Hours
Agreements often specify that attorney fees are charged on a billable hour basis. This means that the client is required to pay for the hours that the attorney spends working on the case. Regardless of whether you win or lose, you are responsible for these costs at the agreed rate. If you fail to pay, you are in breach of contract, which can lead to legal action against you.
Legal Fees and Court Awards
When a judge awards your attorney fees to the opposing party, it means that the other side is legally obligated to pay these costs. However, this award does not guarantee that the opposing party will actually pay the awarded amount immediately. The primary reason is that there is no guarantee that the other party will be able to or willing to pay the full amount.
It's important to note that your attorney is not required to wait for the opposing party to pay before seeking payment from you. This situation is similar to a contractor who has already incurred expenses and is owed payment before the job is completed or sold. Just as Home Depot expects immediate payment from its clients, your attorney expects payment from you even if the opposing party fails to pay as agreed.
Analogical Explanation
To better understand this concept, consider an analogy involving a contractor building a home with a buyer who has already signed a contract. If the contractor purchases supplies from Home Depot, Home Depot does not wait to be paid after the home is sold. Instead, Home Depot expects payment directly from the contractor because the home sale is not guaranteed, and neither is payment from that sale.
In the same way, unless you can convince your attorney to agree to deferring payment until the opposing party pays, your attorney is entitled to be paid directly from you. This is a fundamental aspect of their professional services and the terms of your contract.
Importance of Following Through
When an attorney wins an award for legal fees from the court, it is not simply a symbolic victory but a legal obligation for the opposing party to pay the fees. However, this does not absolve you of your responsibility to your attorney. You are still required to pay the attorney regardless of how the other party responds to the award.
Disclaimer
It's crucial to understand that this information is not a substitute for professional legal advice. This should not be taken as creating an attorney-client relationship nor as legal advice. If you are in a situation where you need to pursue or defend a legal claim, it's essential to seek advice from a licensed attorney in your jurisdiction. Ignoring this warning and conveying confidential information could compromise your legal rights.
If you believe you have a claim against someone, it is imperative to consult an attorney immediately. The time to file a claim can expire if left too long, and missing this window could result in permanent loss of legal rights.