The single most frequently asked question by each one of our Clients who become involved in a lawsuit either being sued or suing) is, “Can I recover my attorney’s fees?” The quick answer is, “depends”. Attorney’s fees are recoverable only “sometimes” because not claims include the right to recover attorney’s fees.
Generally, there are only two ways to recover attorneys fees in a litigation matter. 1) If there is a written contract which specifies that attorneys fees are recoverable in a dispute or 2) when a statue provides for the recovery of attorneys fees. Therefore, if there is no written contract that provides for attorneys fees, a statute must provide for the recovery of attorneys fees or a party cannot recover.
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Many client in a litigation matter ask, whether they may file a cross-complaint in a lawsuit against the other party, for obvious reasons. If attorneys fees are at play, there are pitfalls and advantages to filing a cross-complaint. Each case should be analyzed by an attorney and careful consideration should be taken into filing a cross-complaint.