who pays attorney fees after a civil harassment hearing?

by Amalia Orn 4 min read

In civil cases, there is a general rule. This general rule is that the loser of the case pays the legal fees for both themselves and the winner of the case. In criminal cases, it is always the State vs the defendant. But in civil cases, the State is not involved, and so both parties incur legal fees throughout the process.

If you prevail on a request for a civil harassment restraining order, and you have an attorney, you will be entitled to have your attorney fees paid by the defendant. However, should you lose on a request for a civil harassment restraining order you may be ordered to pay the attorney fees of the defendant.

Full Answer

What is a notice of motion to claim attorney's fees for services up to and including the rendition of judgment in?

A notice of motion to claim attorney's fees for services up to and including the rendition of judgment in the trial court-including attorney's fees on an appeal before the rendition of judgment in the trial court-must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case or under rules 8.822 and 8.823 in a limited civil case.

What is the rule for statutory attorney fees?

Except as otherwise provided by statute, this rule applies in civil cases to claims for statutory attorney's fees and claims for attorney's fees provided for in a contract. Subdivisions (b) and (c) apply when the court determines entitlement to the fees, the amount of the fees, or both, whether the court makes that determination because the statute or contract refers to "reasonable" fees, because it requires a determination of the prevailing party, or for other reasons.

What is a notice of motion to claim attorney's fees on appeal?

A notice of motion to claim attorney's fees on appeal-other than the attorney's fees on appeal claimed under (b)-under a statute or contract requiring the court to determine entitlement to the fees, the amount of the fees, or both, must be served and filed within the time for serving and filing the memorandum of costs under rule 8.278 (c) (1) in an unlimited civil case or under rule 8.891 (c) (1) in a limited civil case.

Can a trial judge extend the time for filing a motion for attorney's fees?

For good cause, the trial judge may extend the time for filing a motion for attorney's fees in the absence of a stipulation or for a longer period than allowed by stipulation.

Why do attorneys charge different fees?

Some attorneys charge different amounts for different types of work, billing higher rates for more complex work and lower rates for easier tasks .

What expenses do clients have to pay for a lawyer?

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

Why do lawyers need to put contracts in writing?

A written contract prevents misunderstandings because the client has a chance to review what the attorney believes to be their agreement.

What are the biggest concerns when hiring a lawyer?

Attorney fees and costs are one of the biggest concerns when hiring legal representation. Understanding how attorneys charge and determining what a good rate is can be confusing.

What are the costs of a lawsuit?

Some common legal fees and costs that are virtually inescapable include: 1 Cost of serving a lawsuit on an opposing party; 2 Cost of filing lawsuit with court; 3 Cost of filing required paperwork, like articles forming a business, with the state; 4 State or local licensing fees; 5 Trademark or copyright filing fees; and 6 Court report and space rental costs for depositions.

What factors determine if a lawyer's fees are reasonable?

Factors considered in determining whether the fees are reasonable include: The attorney’s experience and education; The typical attorney fee in the area for the same services; The complexity of the case; The attorney’s reputation; The type of fee arrangement – whether it is fixed or contingent;

What is the first step in resolving a dispute 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.

What chapter is Damages for Injuries to Married Person?

Chapter 3. Damages for Injuries to Married Person

What is Section 3120?

(a) In any proceeding pursuant to Section 3120, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each party has access to legal representation, including access early in the proceedings, to preserve each party’s rights by ordering, if necessary based on the income and needs assessments, one party, except a government entity, to pay to the other party, or to the other party’s attorney, whatever amount is reasonably necessary for attorney’s fees and for the cost of maintaining or defending the proceeding during the pendency of the proceeding.

What is fee shifting?

This is referred to as “fee shifting.”. 1) Statute – Congress has passed many laws which allow for fee shifting in certain situations. These usually involve cases concerning issues of public policy, and are designed to help level the playing field between private plaintiffs and corporate or government defendants.

Is fee shifting common?

While fee shifting is not common, it does happen from time to time. There have been some efforts to adopt fee shifting more generally in the U.S., but this is unlikely to happen any time soon.

Does the Opposing Side Have to Pay for My Lawyer?

In the United States, each party in a lawsuit generally pays their own lawyer. This is known as the “American Rule,” and it might surprise many Americans to learn that in many other countries the losing party pays. However, there are two main situations in which a court may order the losing party to pay the winner’s legal fees. This is referred to as “fee shifting.”

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 attorney fee statute?

One type of attorney fee statute that's common in many states allows a judge to require attorneys' fees to be paid to the winning party in a lawsuit that benefited the public or was brought to enforce a right that significantly affected the public interest.

Why do judges use equitable remedies?

Judges can use an equitable remedy to require the losing side to pay attorneys' fees if they believe it would be unfair not to do so. (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 happens if you don't have the funds to pay your attorney?

If you don't have the funds to pay, your attorney will likely recommend bankruptcy. Attorneys' fees are generally dischargeable, meaning you can wipe them out.

When do you grant attorneys' fees?

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. Also, once in a while, a judge will grant attorneys' fees in cases of extreme attorney misconduct, to warn the offending attorney.

Can a judge grant attorney fees?

Also, once in a while, a judge will grant attorneys' fees in cases of extreme attorney misconduct, to warn the offending attorney. Find out what to do if you're upset with your attorney.

Do you have to pay the other side's attorneys' fees?

courts have significant discretion when it comes to the awarding of attorneys' fees, and while judges do not generally like departing from the American Rule, they might require a losing side to pay the other's attorneys' fees in certain limited situations. A state court judge can also impose an "additur" increasing the amount of a jury award, which, in effect, can have the same result, but again, it's rare. You shouldn't count on receiving additional funds through either of these mechanisms.

Who violates 12653?

defendant-employer, including a public agency employer, who “violates” section 12653by taking adverse actions against a whistle blowing employee “shall be required to paylitigation costs and reasonable attorneys' fees” to the employee.

Do you have to pay your own attorney fees in California?

Under the so-called “American Rule,” parties to litigation must pay their ownattorney fees despite prevailing in the litigation.1 California courts have long followed theRule, and it has been codified in California Code of Civil Procedure section 1021, whichprovides that, in the absence of a statute or contract, prevailing litigants are entitled toan award of their costs but not their attorney fees.2 However, there are numerousstatutes in California shifting fees to the prevailing party in litigation. Many of thesestatutes apply in litigation involving cities and can lead to costly fee awards against citiesthat may far exceed the cost of losing the underlying case.

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