Legal Question in Bankruptcy in Michigan

Payment of Attorney Fees from Defendant

I sued. The defense attorney is requesting I pay his fees and costs per a Stipulation and Order he is sending to me. If I sign the Order does that mean I have to pay or can I still file for bankruptcy. Or should I not sign the order at all and wait for the Court to decide if I should pay it? - I disagree with the attorney saying I should pay their fees. I am out of work on disability and have little or no assets.

Thank you.


Asked on 5/01/02, 2:56 pm

1 Answer from Attorneys
Don Darnell Darnell & Lulgjuraj, P.C.

Re: Payment of Attorney Fees from Defendant

The American rule is that each party pays thier own attorney, regardless of who wins. There are exceptions to this rule, such as mediation sanctions or offer of judgment fees. Attorney fees can also be levied pursuant to MCR 2.114 if there is a finding that the case was "frivolous." In any case, I would not just agree to a stipulated order - I would make counsel file a motion. You might want to get a lawyer to defend this motion.

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Answered on 5/03/02, 2:51 pm


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