Legal Question in Civil Litigation in Pennsylvania

Attorney Charges

If an Arbitration award through the courts is appealed, the Plaintiff has to start over from scratch by filing a brand new Complaint. Is that correct?

Does all of the Plaintiff's attorney fees earned during the Arbitration period go away since the Complaint is brand new?


Asked on 4/25/07, 4:15 pm

2 Answers from Attorneys
John Gibson John W. Gibson, Esquire

Re: Attorney Charges

If an attorney is retained upon an hourly basis, then his fees for the arbitration will not cover his time on the case if it is appealed to the Court of Common Pleas. A new Complaint is generally not necessary but may be advisable. For example a plaintiff may decide to limit their damages to stay within the arbitration limits. If the defendant appeals to the Court of Common Pleas, the plaintiff may then decide to amend their Complaint to allege their full damages.

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Answered on 4/26/07, 11:33 am
Glenn Brown Real World Law, P.C.

Re: Attorney Charges

Generally no. The complaint in an arbitration matter and answer filed only changes if a party wants to add a new cause of action in PA. This does not get redone. Note: appeals from district justice or municipal court generally require the filing of a new complaint.

I don't understand the question about attorney fees, please restate.

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Answered on 4/25/07, 5:41 pm


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