Legal Question in Civil Litigation in California

Re: Can I sue for attorneys fees?

If your agreement was in writing and contained a provision for the recovery for attorney fees you can recover them. I think the retainer requested from you is excessive.

Re: Can I sue for attorneys fees?

To recove attorney fees in a contract claim, the contract must call for attorney fees to be paid to the prevailing party. If you have no written contract stating that, you will probably be unable to recover attorney fees.

Re: Can I sue for attorneys fees?

Unless your contract specifically provides for recovery of attorney fees, you cannot recover them in a suit for breach of contract. There may be some other cause of action you can allege which would allow you to recover fees, but I don't see one based on the limited facts you have provided.

You may be able to recover certain costs related to the lawsuit, but not all of the costs you might expect.

The fees your lawyer has quoted sound rather high -- especially for for someone who doesn't even know that attorney fees aren't available in a breach of contract suit.

Re: Can I sue for attorneys fees?

It all depends on what you provided in the promisory note, if there is one. In any case, no court will award, as "reasonable attorneys' fees" the sum of Twelve thousand dollars (12,000.00) in this matter. You have discovered the difficulty of lending family money. That she would place you in this situation is unfortunate. A judgment, however, will put you in the position of being able to force her to pay, even if she doesn't care to. Look for another attorney!

Sincerely,

Sheldon G. Bardach

Re: Can I sue for attorneys fees?

If the agreement between you and your sister-in-law was in writing and had a provision for attorney fees, then you are entitled to these. If no writing, then you are not entitled to attorney fees. As for the additional $12,000, this does seem a bit steep.