pennsylvania what is my obligation to pay attorney fees when there is no written contract

However, even in circumstances where a contractual or statutory attorneys’ fees provision does not apply, in Pennsylvania, courts are permitted to order litigants to pay attorneys’ fees who, during the course of litigation, engage in particularly egregious conduct that has a significantly negative effect on other parties, or the proceedings as a whole 2 (i.e. intentional delay of the proceedings, failing to comply with court orders, frivolous pleadings or argument etc.).

Full Answer

Who pays the Attorney’s fees in Pennsylvania litigation?

Legal Clinic) eligible to receive attorney fees? A Yes, as long as no part of their salary is paid through PCCD funding (VOCA, VOJO, RASA, STOP, JAG , etc). The agency the attorney works for may receive PCCD funding as long as those funds are not used to pay the salary of the individual attorney. For instance, “Crime Victims Legal Center” is funded by PCCD and other funding …

When do you have to pay legal fees in a contract?

Feb 18, 2015 · In Pennsylvania, there is no statutory limit in Pennsylvania on an attorney’s fees when handling estate administration matters. That responsibility is left to the discretion of the personal representative and attorney. But, if an unreasonable fee is suspected, the County Orphans’ Court can review and disallow the fee while, if applicable, imposing sanctions against …

What happens if you breach a contract in Pennsylvania?

May 31, 2018 · As much as I wish I could tell these clients that we can and will recover all of their collection costs and attorney’s fees, the law in the Commonwealth of Pennsylvania simply isn’t as helpful in this regard. The Commonwealth of Pennsylvania generally follows the American Rule. That means that all of the parties to any given lawsuit are generally required to pay for their …

What is a “fair and reasonable” attorney fee in Pennsylvania?

May 26, 2015 · Under Pennsylvania law, an attorney fee must be “fair and reasonable.” According to Pennsylvania’s Supreme Court: “What is a fair and reasonable fee is sometimes a delicate, and at times a difficult question.

What is the American rule in litigation?

Whether you initiate litigation or find yourself defending a lawsuit, the “American Rule” in litigation is that each party is responsible for paying their own attorneys’ fees throughout the lifespan of a case. In fact, there are generally only two instances when the losing party in litigation lawfully bears the attorneys’ fees ...

What is the exception to the American Rule?

The other exception to the American Rule is when state or federal statutes under which a claim is asserted provides for the award of attorneys’ fees for a successful litigant . In these cases, the legislature has made the affirmative decision to permit courts to award attorneys’ fees for prevailing parties, often times to punish ...

When do attorneys' fees get awarded?

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.

What is a contract provision?

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.

What are the exceptions to the American rule?

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.

What is an equitable remedy?

(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.

What are the expenses of a lawyer?

Clients may also be responsible for paying some of the attorney or law firm’s expenses including: 1 Travel expenses like transportation, food, and lodging; 2 Mail costs, particularly for packages sent return receipt requested, certified, etc; 3 Administrative costs like the paralegal or secretary work.

What is contingency fee?

Contingency fees are only utilized where there is a dispute, otherwise there would be no objective way to determine whether the attorney had been successful. Contingency fees are most commonly available in automobile accident cases, medical malpractice cases, and debt collection cases.

How to resolve a disagreement with a lawyer?

The first step to resolving these disputes is communication . If there is a disagreement, clients and attorneys should first seek to discuss it and try to reach a mutually agreeable solution. Often, small disagreements balloon merely because both the attorney and the client avoided talking to the other out of fear.

Why do attorneys get smaller cut?

For example, the attorney will usually obtain a smaller cut if a settlement was reached before trial – because less time and expense was expended – than if the case goes to trial. When contingency fees are used the fees and costs of the suit are often deducted from the monetary recovery before the percentage is taken.

What is flat rate legal fees?

Flat rate legal fees are when an attorney charges a flat rate for a set legal task. The fee is the same regardless of the number of hours spent or the outcome of the case. Flat rates are increasingly popular and more and more attorneys are willing to offer them to clients.

How much does a retainer agreement cost?

A retainer agreement is an agreement under which the client agrees to pay the attorney a large sum up-front, usually ranging from $2,000 - $10,000 as essentially security for future payments.

Do attorneys have to be reasonable?

Attorneys typically have great discretion in deciding on what their fees will be. In most states and under ethical rules governing attorneys, the fees only need to be “reasonable.”. There is no black and white test for what is reasonable, instead a number of factors are considered.

What is fee agreement?

The lawyer is a professional, but you are the boss and the fee agreement is the contract of employment explaining the duties of both sides. Remember, you are hiring the lawyer and the lawyer is deciding both what kind of work you need performed and what kind of boss you will be.

What is contingency fee?

Contingency fees, or percentage fees , are paid at the conclusion of a case, and only if there is a recovery. Lawyers who work on a contingency expect to be paid well for expending time and effort, paying for their office overhead during the pendency of their cases, and either advancing or paying the case costs normally paid by a client that have been explained above. The client has the benefit of securing the services of the "right lawyer" and in the event the case is without, or with less, merit than expected at the outset, the burden is carried by the lawyer and not by the client.

How do lawyers work?

Some lawyers work on a sliding scale of fees that depends on when a case is resolved, such as prior to filing, at pre-trial, at the settlement conference, after trial begins, or after an appeal. If the attorney bills by the hour, she or he will request a retainer to secure payment. A retainer functions like a deposit.

Is there a fixed fee for legal services?

Fixed fees are becoming more and more popular with sophisticated purchasers of legal services. It is worthwhile asking about a fixed fee in your case. You might be able to arrange a sliding scale of attorney's fees, with separate rates for different tasks ranging from correspondence to court appearances.

What happens if a settlement is rejected?

The rules vary from state to state, but many states require that if a settlement offer made in writing prior to trial, is rejected, and the client does not do as well at trial, then the client must pay a penalty , which can range from paying the defendants' court costs, defendant's expert fees or defense attorneys fees.

Is there such a thing as a standard agreement?

And, do not fail to understand that every attorney's fee agreement is different. There is no such thing as a "standard agreement.". You will be signing a document that binds you and the lawyer. Make sure you understand every word, what it says, and what it does not say.