Legal Question in Civil Litigation in Maryland

I was awarded a small claim of $5000 against my ex husband. My lawyer prepared the paperwork for me for court but did not appear in court. The preparation fee was $500. She advised me that the attorney fees would be awarded as part of the judgement. However, since she was not present the judge could not award me attorney fees. She did not appear with me because she was confident it was a cut and dry case, I would win, and it was held in the jurisdiction of my ex (almost 2 hours away), the cost of travel would have at LEAST quadrupled the fees. Should she have been aware of the fact that I would not be awarded the attorney fee without her present? Should I expect a refund from her?


Asked on 12/21/11, 6:12 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

You didn't specify, but I'm going to assume that your suit was based on a breach of a separation agreement and there was an attorney's fees provision in it--i.e., a clause stating that if either party breached the agreement and the other party had to take them to court, the prevailing party would be entitled to recover fees. If you presented as evidence the attorney's $500 bill, the court could have awarded the fees even though the attorney didn't formally enter an appearance. However in small claims cases judges are reluctant to do this, although they do it all the time in collection cases for hospitals and credit card companies. I would never tell a client that recovering fees was automatic in these circumstances, and if that is what she said she misspoke. However, she is still entitled to be paid for her services, especially since you had a successful outcome, at least as to the merits of the case. Ironically, if your agreement was incorporated in the divorce decree as most are, you could have filed a show cause petition against your ex and had the case heard in family court, and probably would have received fees. Also, if the divorce was granted in your jurisdiction, you wouldn't have had to travel to get justice.

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Answered on 12/21/11, 6:53 am


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