Legal Question in Sexual Harassment in California
payment
If you win a lawsuit and the settlement was agreed on, a due date was made or a penalty.(didntnt make it). Sent back to court where the judge find them (lets say $400.) who's money
is that? The lawyer or the clients?
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2 Answers from Attorneys
Re: payment
It appears that what you're asking is to whom does the additional penalty go. It's controlled by the retainer agreement with the attorney. Usually, the attorney will write the retainer and take a percentage of the settlement. A more savvy attorney will also write a provision as to what becomes of attorney's fees that are awarded. However, since this award is not attorney's fees, most likely the attorney will take the agreed-upon percentage.
Re: payment
I can't tell what the fine was for, from your question. Sometimes judges fine opposing parties or attorneys for bad things they do. We call these sanctions. Sanctions can take many forms but if this was a sanction for wasting your attorneys time unnecessarily, it could be in the form of a legal fee to be paid directly to the attorney. You need to discuss this with your attorney for clarification.