Important Question: Attorney's Fees

[GoodSamaritan7]

What is the name of your state (only U.S. law)? CA

I have an important question.....

We filed a very valid lawsuit against a company

The company filed a Motion to Dismiss

We filed an Opposition to the Motion to Dismiss

If we lose, how likely is it that the attorneys from the other side will get awarded fees from the judge?

It kind of scares me - it's not a frivolous lawsuit by any means

 

[Paul84]

What is the name of your state (only U.S. law)? CA

I have an important question.....

We filed a very valid lawsuit against a company

The company filed a Motion to Dismiss

We filed an Opposition to the Motion to Dismiss

If we lose, how likely is it that the attorneys from the other side will get awarded fees from the judge?

It kind of scares me - it's not a frivolous lawsuit by any means

So unlikely that I wouldn't worry about it if the lawsuit has any merit whatsoever. You can research yourself the U.S. practice with regard to attorneys' fees by googling under the American Rule versus English Rule (e.g.: http://en.wikipedia.org/wiki/English_rule_(attorney's_fees)

 

[ecmst12]

What did your attorney say?

 

[Paul84]

So unlikely that I wouldn't worry about it if the lawsuit has any merit whatsoever. You can research yourself the U.S. practice with regard to attorneys' fees by googling under the American Rule versus English Rule (e.g.: http://en.wikipedia.org/wiki/English_rule_(attorney's_fees)

It also doesn't matter whether you have an attorney or are proceeding on your own as a pro-se litigant. In the U.S., the American Rule applies as the default in either case: http://en.wikipedia.org/wiki/American_rule_(attorney's_fees). However, if you happen to be an employer, for example, and your employee sues you for civil-rights violations, then specific federal statutes can override the default American rule.

 

[ecmst12]

It matters as to his chances of success in the suit.

 

[tranquility]

Since 'very valid' is a legal conclusion, without an attorney involved I would question how accurate that conclusion is.