If I appeal a judgement and settle before trial, can the other party recover additional attorney fees meaning those used to prepare for the appeal?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I appeal a judgement and settle before trial, can the other party recover additional attorney fees meaning those used to prepare for the appeal?
I received a judgement that included some atty fees for the opposing side. I have an appeal scheduled and am considered just paying the imposed judgement. I am concerned that the opposing side will seek additional fees to prepare for the appeal even if I pay them now.
Asked on March 26, 2012 under Real Estate Law, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you settle the case, language can be included in the settlement agreement which states that all parties are responsible for their own attorney's fees and costs. This language in a settlement will prevent the other side from trying to come after you for attorney's fees.
If you proceed with the appeal and lose, then the opposing party will come after you for attorney's fees. If you proceed with the appeal and win, you could go after the opposing party for your attorney's fees assuming you are represented by an attorney.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.