Legal fee recovery - Posted by Roger Ferrell

Posted by John Merchant on July 16, 2010 at 13:08:31:

Under common law there were no atty fee provisions, but a number of states (and Congress for fed laws) have, in specific actions enacted atty fee statutes when suing on certain actions…such as W suing for her atty fees in divorce or child support action, suit on some egregious consumer fraud deal, etc…

What do stats in your state say about your lawsuit/cause of action and whether it could enable you to sue for atty fees?

If nothing then no, your state does not have atty fee statute in that situation.

Even if your state does provide for atty fees to be paid by loser in a deal like yours, likely no thinking lawyer these days is going to go to work for you for no upfront fee to be paid by you.

These days one needs to look hard at cost of litigation to see if a deal’s worth suing over as frequently the costs greatly over-weigh the benefits.

I’d bet I could, in my own file cabinets, come up with a couple of dozen deals gone bad where suit could have been brought but atty fees were prohibitive.

Legal fee recovery - Posted by Roger Ferrell

Posted by Roger Ferrell on July 16, 2010 at 10:10:13:

I am understanding that legal fees are not part of the damages awarded in my case. I have a developer that installed a holding pond to catch the run off from the new development across the street. The holding pond flooded 6 homes last weekend due to the discharge of this pond is pointed straight at our homes. I understand the city is involved and a developer, it does not make a lot of sense that i can not recover legal fees, it will cost me 20,000.00 to sue the city and developer to get a 7,000.00 settlement for Sheetrock damage. do not really know what to do in this case.

Re: Legal fee recovery - Posted by Ken

Posted by Ken on July 16, 2010 at 14:24:23:

Turn it in to your insurance company