Legal Question in Real Estate Law in California

I represented myself in court-now the opposing party wants me to pay their attornies legal fees-why would I have to pay?


Asked on 9/02/12, 9:14 am

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Whether you represented yourself or were represented by an attorney normally has nothing, directly at least, to do with whether you need to pay the other party's attorney fees. This will be determined by the judge, based on the applicable law, which may (in contract cases) depend upon the contract language. In other kinds of cases where there is no contract, whether the losing party is liable for the prevailing party's reasonable attorney fees is determined by law.

I suppose in a sense being self-represented might add to the possibility of being held liable for the other party's attorney fees because of the increased risk of losing.

In any case, a careful reading of the judgment should give you a clear indication of whether you are liable for the other side's costs and fees. Often, the court fixes the amount of fees following a post-judgment fee request. Statutory provisions regarding costs and attorney fees are scattered throughout the statutes and court rules, but some of the main ones are found at Civil Code sections 1717 and 1717.5; Code of Civil Procedure 1021 et seq.; and Rule of Court 3.1702.

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Answered on 9/02/12, 9:37 am
Anthony Roach Law Office of Anthony A. Roach

California observes what is known as the American rule. Simply stated, unless otherwise provided by contract or statute, each party is responsible for paying their own attorney's fees. "Except as attorney�s fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.� (Code Civ. Proc., � 1021.)

I don't know any details of your underlying case to know whether there is a statute or a contract between the parties that allows them to have you pay their attorney's fees. I don't know whether you are facing a motion for attorney's fees, or they have simply claimed them in their pleadings.

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Answered on 9/02/12, 10:56 am
Terry A. Nelson Nelson & Lawless

I assume because you lost and the court entered a judgment against you, which is normal in cases where attorney fees are at available. Read the judgment documents. Then, if you are serious about hiring counsel to help you now, feel free to contact me.

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Answered on 9/03/12, 11:00 am


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