Legal Question in Bankruptcy in California

I filed an adversary proceeding against my co-worker. We both represented ourselves for the duration of the process. When it came to the trial she bought a lawyer at the last minute. The Judge allowed him to represent her with out the proper filing procedure. Should I be responsible for his fees if I lost? The lawyer filed asking that I pay the defendants court cost. Do I need to write a motion or something to ask not to be responsible for the lawyers fees because he was added on the case last minute without the proper filing?

Not to mention she did not comply with the disclosure rule and presented documents in the middle of the trail which the Judge also accepted.


Asked on 11/23/10, 9:13 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You = no lawyer; her = lawyer, you lose.

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Answered on 11/28/10, 9:58 am
Robert F. Cohen Law Office of Robert F. Cohen

I'm not sure why she would be entitled to attorney fees, unless she or you filed a claim, first, with the Department of Fair Employment and Housing and/or the EEOC. Attorney's fees are creations of statute. In lawsuits, each party generally is responsible for her/his own attorney's fees. If statute permits recovery of fees, then if she prevails, she would be entitled to the reasonable value of the attorney's work. Thus, if the attorney spent 12 hours during trial, that would be all the fees to which she should be entitled. You may appeal if you believe the court erred in permitting the documents and that harmed your case.

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Answered on 11/28/10, 12:42 pm


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