Legal Question in Appeals and Writs in California
attorney fees
I'm going through an appeal. Can I
request to the court that the person
appealing to pay my attorney fees?. I'm
the one responding to the appeal.
3 Answers from Attorneys
Re: attorney fees
Why do you not ask your own attorney? The court will often award costs against a person who unsuccessfully appeals, but attorney fees would only be awarded if the appeal had absolutely no merit, and not necessarily even then.
Re: attorney fees
If you have an attorney, you should ask her. If you don't have an attorney, you have no basis on which to claim attorney fees. Either way, the question does not belong here.
Leaving those issues aside, the law governing when an appellant must pay a respondent's attorney fees is complex. Such decisions usually come at the end of the appeal, though in family court cases you may be able to get a ruling from the trial court at the outset.
If you don't have a lawyer yet but hope to retain one, feel free to contact me directly. I am a certified appellate specialist (per the State Bar of California's board of legal specialization) with many years of experience in the field.
Re: attorney fees
That depends upon the type of judgment of order appealed from. If it is a family law matter it is possible to have your attorneys fees paid. Good Luck, Pat McCrary