Attorney Fees/Judgment

[bononos]

What is the name of your state?
OH
So, I understand the attorney takes 33% of the judgment.
Can the plaintiff request that amount be added towards a judgment for reimbursement of attorney fees?
Say the judgement is $50,000. 33% is $16,500.
Can the defendant be ordered to pay and additional $16,500?
Thank You!!

 

[badapple40]

Only if there is a statute that allows for attorneys fees in a given case.

That is usually on the case in a small selection of cases, and, unless you tell me the facts of your case, I would have no way of knowing.

 

[bononos]

The case is a civil suit against ex and his relatives for liquidating the marital property, espically the sale of the home, but not restricted to. There was nothing left to equitablly distribute, NOTHING! All properties sold off.
So, in turn, the amount that should be distributed will be greatly reduced once the attorney takes his 1/3.
I certainly feel I should be reimbursed for that since I should have received the full amount "by law" in the first place, not 2/3 of it.
In this situation, would a court permit reimbursement?

 

[Martha Fischer]

In California you can not add any more fees once Judgment had been entered. Only costs, i.e. Writs of Execution, Abstract of Judgment etc. plus interest accrued daily. The 33% is payment due the attorney for his services to get to the Judgment. I'm sure this would also apply in OH.

 

[bononos]

The judgement has not been passed.
We ar still in pre-trial.
I am hoping to request these fees be added prior to the final judgement along with punitive damages if allowed.

 

[JETX]

What is the name of your state?
OH
So, I understand the attorney takes 33% of the judgment.
Can the plaintiff request that amount be added towards a judgment for reimbursement of attorney fees?
Say the judgement is $50,000. 33% is $16,500.
Can the defendant be ordered to pay and additional $16,500?
Thank You!!

Depends entirely on the cause of action and whether attorney fees are recoverable. If recoverable, the attorney can present testimony as to his fees and the court can, if they decide, add them to the amount of the judgment. In my experience, it would be unusual to have contingent fees awarded.

 

[JETX]

In California you can not add any more fees once Judgment had been entered. Only costs, i.e. Writs of Execution, Abstract of Judgment etc. plus interest accrued daily. The 33% is payment due the attorney for his services to get to the Judgment. I'm sure this would also apply in OH.

Why do you feel that what is relevant in California would apply in all other states, including Ohio, where this writer is???