MichaelSmith
Junior Member
Sacramento, CA
There has been a temporary restraining order assigned to me from the Family Law Court in Sacramento. My lawyer says that if I win, the opposing party will have to pay my lawyer fees. Alternatively the other counsel says if they win, I will have to pay lawyer fees. The opposing lawyer is saying that his client has spent $1,500, but he has spent $35,000 of his time (pro bono) and hopes to recoup that. Yet I have talked to two other lawyers who said that the “American Rule” is in play which means that there is a slim chance of any side recovering lawyer fee’s regardless who wins.
1. How likely is it to receive lawyer costs if I win, and pay if I lose? What circumstances need to occur to have me receive my lawyer fees paid back, and for me to pay theirs?
2. Will the judge look at this and see that $35,000 is excessive for opposing counsel, especially assuming that he is doing it pro bono?
There has been a temporary restraining order assigned to me from the Family Law Court in Sacramento. My lawyer says that if I win, the opposing party will have to pay my lawyer fees. Alternatively the other counsel says if they win, I will have to pay lawyer fees. The opposing lawyer is saying that his client has spent $1,500, but he has spent $35,000 of his time (pro bono) and hopes to recoup that. Yet I have talked to two other lawyers who said that the “American Rule” is in play which means that there is a slim chance of any side recovering lawyer fee’s regardless who wins.
1. How likely is it to receive lawyer costs if I win, and pay if I lose? What circumstances need to occur to have me receive my lawyer fees paid back, and for me to pay theirs?
2. Will the judge look at this and see that $35,000 is excessive for opposing counsel, especially assuming that he is doing it pro bono?
