Legal Question in Consumer Law in Washington

Re: legal fees

Washington follows the American Rule that each party pays for their own legal fees except where fee shifting is allowed or mandated by statute, contract or recognized principles of equity.

There are also procedural ways to shift fees (fee-shifting is called English Rule - loser pays all). Sounds as though something has been submitted for decision without oral argument.

When you received notice of the presentment of the judgment, that was your opportunity to say that you should not have to pay fees. But on the other hand, you are not supposed to raise frivilous arguments. At this stage, it should all be briefed and the court will decide what the result is.

Washington courts do not enter judgments to punish the losing party, just to make the prevailing party whole.

You have thirty days from the date of entry of the judgment to file a notice of appeal with the Court of Appeals. If the statute, contract and caselaw provide that the losing party pays attorney fees, and you lose your appeal, you may well wind up paying the other side's appellate fees as well.

Elizabeth Powell