Long Beach Attorney Fees Lawyers

Posted By admin, On September 15, 2020

Do You Need to Recover Attorneys’ Fees in Your Long Beach Lawsuit?

When a person is facing a lawsuit or thinking about filing one, they should always be thinking about attorneys’ fees.  Attorneys’ fees are critical because they are the bulk of the cost of participating in a lawsuit with the help of a lawyer.  Lawyers frequently charge by the hour.  Some attorneys may agree to take your case on a contingency.  For attorneys who charge by the hour or via flat fees, the cost of your lawsuit is mostly the attorneys’ fees.

Since attorneys’ fees play a large, obligatory role in any lawsuit it is important that you understand whether there is a chance to recover your attorneys’ fees in a particular dispute.  The law in California provides that unless attorneys’ fees are provided for by statute or by contract, they would not be recoverable.  Put plainly, unless a law or contract says otherwise, winning and losing parties in a lawsuit would have to pay their own attorneys fees.

Situations Where No Attorneys’ Fees are Provided by Law or Contract

In matters where attorneys’ fees are not provided by law or contract, each party needs to be prepared for the reality that the attorneys’ fees they spend on the case will not be recoverable.  For instance, if you’re the plaintiff seeking damages of $100,000 in the absence of an attorneys’ fees provision, then every dollar you spend on attorneys’ fees during the litigation will impact your recovery.  In light of this fact, investing additional money into your case can sometimes maximize your potential recovery because it will improve your chances of prevailing.  

It is important to be aware of this and to understand that there is a lot involved in a lawsuit and the recovery you win is based, at least in part, the law, on the facts, the quality of representation, the time spent on the case and the trier of fact (aka the judge or jury).

Cases In Which Attorneys’ Fees are Furnished by Law or Contract

In matters where attorneys’ fees are furnished by law or contract, the winner would be reimbursed for their reasonable attorneys’ fees and costs.  What this means is that if you are the plaintiff and the court decides that you are the prevailing party, then you get a judgment awarding you your damages in the lawsuit and also your attorney’s fees.  On the other hand, if you are the loser, you not only lose out on whatever damages the court awards, you would also lose your own attorneys’ fees that you spent and can be additionally ordered to pay the other side’s attorneys’ fees.  This would amount to a sizable loss.