attorny fees

[dave33]

First,
thanks all who contributed to this thread. Some very helpful, other comments not so much.

I am new to forums and have never been in any legal situation so I did post in another forum and I did not know they were the same place. So I am sorry for the repeated post.

I wasnt getting many responces so I thought Id post here. Just trying help my son.

As for my 'angel son'.

I came here with a simple question, 'can a lawyer sue a minor for legal fees when the 'victim' did not even need a lawyer to file a RO?

I work full time and have kids, so I am not on the computer a lot. It had nothing to do with not liking anyones answers. Sorry if you felt that way, but that was not my intent. On another forum that I was on, it took a few days for someone to respond.

My son is a good kid. He has never had a problem. Angel? NO.

The exGF and him were breaking up and he wrote some nasty texts. He WOULD NEVER of wrote them if he knew he could get in this type of trouble. It was an impulsive act. The GF's mother found the text, and she went ape **** and then the GF lied to her mother about horrible my son was being to her. We all know that teenage girls are such precious little angels, I have one of my own, and I know how they can be sometimes. These boys dont have a chance.

We were actually on vacation when we got the call from the police in regards to the RO.

When we got back home, we saw the affidavet the mother wrote. 95% of it was lies!!!!!!!!!!! however, the text part was true and our lawyer said that just the text alone could get him a RO as he threated her. He told us its just a civil issue and not criminal, and if we fight it, the fact is, the text could be considered criminal. So he just said 'stay away from her and move on".

I am big on 'natureal consequences' and we discussed this is what happens when you write stupid stuff. I did not give my son any impression on what he did was OK or NOT a big deal.


Then a few months later, the police come with a search warrent and says that the family was told that my son posted a pic of her on his instagram account. We banned him from being online, so we know he didnt do it. The police admit to not seeing it, also the family admits to not seeing it, it was the exGF's friend.

I had no idea that the police can get a search warrent on 'someone said they saw it'. But the stuff that I read online, apparently they can. This is all the stuff that I am learning as I go.

So now the police took his computer and phone .

Then we get a call that this lawyer is suing our son for his fees. We went to court, and he won.

Then we find out that day, that my son was accused of violating the RO. We assumed it had to do with something they might of found on the computer.

When we finally got to court, we were shown what the accusation was. I wont go into details, but my son was not where she said he was, he was with me and I had witnesses and receipts to prove it. Thank God. But like our lawyer told us, we have to prove his innocents, she doesnt have to prove his guilty. So apparently she can continue with these lies and we have to continue to prove he is innocent. It just doesnt seem fair. but I guess with RO's, thats how the system work.

This whole thing has just snowballed. The fact that my son has moved on, this GF can now make any accusation and this could end up with my son in jail.

Like I said, I am not approving what he did, but he does not deserve all this by some stupid teenage text. I would never tell him that, but thats my feeling.

I am not making excuses for him, but it was a stupid mistake by a teenager. have you seen what these kids write on social media these days?

I did not want to tell this whole story on here because my feeling was that people do not read long posts. So I thought when I joined this forum, I would just ask 'simple questions' c/out going into a long story.

Now. to answer some of the questions and assumptions:



no, your memory isnt serving you today. If was after the court date with that lawyer, that lawyer did told us about the violation after the case was done. That lawyer had nothing to do with the violation, he only was working on the restraining order. The police are the ones pressing charges on the RO, it had nothing to do with the lawyer.



Yes, I was there. Their lawyer went up and asked the judge to award him the attorney fees. My sons lawyer said 'your honor, he is asking to much'. So the judge decided not to give him all of it, but half of it, in the tune of 3,000. If I was able to speak, I would went into a different direction then just say it is 'unreasonable'. But thats just me.



Because he is a minor, and everything I read and what our lawyer told us, in most cases in ROs, the defendant does not pay the legal fees because its a civil matter not a criminal one. EX: If i bring someone to small claims court and then get advice from my lawyer on how I should proceed, should that person then pay my legal fees also? It was my choice to get a lawyer, but I didnt have to.


I had no idea the two forums were connected. I am just trying to understand all of this as it doesnt make much sense to me. I am not a lawyer. That is why I came here looking for 'freeadvice'. Its way out of my league.

I was OK with the RO, hey, he said it, no excuses. But this is getting way out of hand. So Its not like I am not liking any answers, but I am just trying to find what is ok and what is not.


yes, I am sorry if it wasnt clear, I'm very upset over this. Is it typical for a lawyer to sue a minor in a civil case for attorney fees? everyone I talked to said 'usually' no. I feel our lawyer messed this one up by not advocating for my son, just stating that is was 'unreaonsable' for the amount of money. So the judge agreed and lowered it.

Here is the reality. We are poor. I am trying my best. I already paid for the lawyer and he has done nothing I requested or even got me a copy ofanything. All I have is the RO and the other laywers itemized sheet of how much everything he did and the cost of it.


I dont even want to respond to this. But just so you are clear, I am not in denial. He did do something wrong. However, the consequences of his actions are a little over the top.

But I would like to point out, that this quote is what I am talkinga bout. Chances are this pesron would never of said this to me in person. Its the internet and people write stupid and hurtful things. And we are adults. At least I think we are.

He had to leave his school due to the restraining order, he has been accused two times of violiating it which he never did, and now he has to pay this lawyer now. We cant find a school that will take him because they think if he 'had to leave the school' he must be a bad kid. So here is, home with me, and we now have to get a turtor, all because of a stupid text.

Even the clerk at the court laughed at it, and said that a lot of kids are saying stupid stuff with text because its just a phone and half of them would never say the stuff they write in person.

I thought Id teach my kid a lesson about texting, but I had no idea it would cost me thousands of dollars.

I only came here for advice. If you have nothing constructive to say, then dont say it, but the snide remarks do not help at all.

Now that I wrote this long post, watch, no one will say anything. Just like 'down the street'.

thank you for those links Quincy. I will read them.

It sounds ridiculous. To retain an attorney without money and have the attorney take the case with the hopes of suing a minor child for the fee is unusual at best. The family must have a close relative or friend that owed them a favor or something along those lines. It would seem, the bottom line is a case of extreme bad luck. As I said before the judgment has been entered so essentially that's the end. If you are as poor as you claim than you could always not pay a civil fine and make him take another day to take you back to court in the future and show some sort of hardship or state assistance. Always keep in mind this may backfire and you could potentially owe more attorney fees for the extra time. I'm not sure if an attorney representing himself can sue for fees. Sorry for the situation in general. Also, sorry for my poor sentence structure. Whatever you choose, goodluck.

 

[Just Blue]

First,
thanks all who contributed to this thread. Some very helpful, other comments not so much.

I am new to forums and have never been in any legal situation so I did post in another forum and I did not know they were the same place. So I am sorry for the repeated post.

I wasnt getting many responces so I thought Id post here. Just trying help my son.

As for my 'angel son'.

I came here with a simple question, 'can a lawyer sue a minor for legal fees when the 'victim' did not even need a lawyer to file a RO?

I work full time and have kids, so I am not on the computer a lot. It had nothing to do with not liking anyones answers. Sorry if you felt that way, but that was not my intent. On another forum that I was on, it took a few days for someone to respond.

My son is a good kid. He has never had a problem. Angel? NO.

The exGF and him were breaking up and he wrote some nasty texts. He WOULD NEVER of wrote them if he knew he could get in this type of trouble. It was an impulsive act. The GF's mother found the text, and she went ape **** and then the GF lied to her mother about horrible my son was being to her. We all know that teenage girls are such precious little angels, I have one of my own, and I know how they can be sometimes. These boys dont have a chance.

We were actually on vacation when we got the call from the police in regards to the RO.

When we got back home, we saw the affidavet the mother wrote. 95% of it was lies!!!!!!!!!!! however, the text part was true and our lawyer said that just the text alone could get him a RO as he threated her. He told us its just a civil issue and not criminal, and if we fight it, the fact is, the text could be considered criminal. So he just said 'stay away from her and move on".

I am big on 'natureal consequences' and we discussed this is what happens when you write stupid stuff. I did not give my son any impression on what he did was OK or NOT a big deal.


Then a few months later, the police come with a search warrent and says that the family was told that my son posted a pic of her on his instagram account. We banned him from being online, so we know he didnt do it. The police admit to not seeing it, also the family admits to not seeing it, it was the exGF's friend.

I had no idea that the police can get a search warrent on 'someone said they saw it'. But the stuff that I read online, apparently they can. This is all the stuff that I am learning as I go.

So now the police took his computer and phone .

Then we get a call that this lawyer is suing our son for his fees. We went to court, and he won.

Then we find out that day, that my son was accused of violating the RO. We assumed it had to do with something they might of found on the computer.

When we finally got to court, we were shown what the accusation was. I wont go into details, but my son was not where she said he was, he was with me and I had witnesses and receipts to prove it. Thank God. But like our lawyer told us, we have to prove his innocents, she doesnt have to prove his guilty. So apparently she can continue with these lies and we have to continue to prove he is innocent. It just doesnt seem fair. but I guess with RO's, thats how the system work.

This whole thing has just snowballed. The fact that my son has moved on, this GF can now make any accusation and this could end up with my son in jail.

Like I said, I am not approving what he did, but he does not deserve all this by some stupid teenage text. I would never tell him that, but thats my feeling.

I am not making excuses for him, but it was a stupid mistake by a teenager. have you seen what these kids write on social media these days?

I did not want to tell this whole story on here because my feeling was that people do not read long posts. So I thought when I joined this forum, I would just ask 'simple questions' c/out going into a long story.

Now. to answer some of the questions and assumptions:



no, your memory isnt serving you today. If was after the court date with that lawyer, that lawyer did told us about the violation after the case was done. That lawyer had nothing to do with the violation, he only was working on the restraining order. The police are the ones pressing charges on the RO, it had nothing to do with the lawyer.



Yes, I was there. Their lawyer went up and asked the judge to award him the attorney fees. My sons lawyer said 'your honor, he is asking to much'. So the judge decided not to give him all of it, but half of it, in the tune of 3,000. If I was able to speak, I would went into a different direction then just say it is 'unreasonable'. But thats just me.



Because he is a minor, and everything I read and what our lawyer told us, in most cases in ROs, the defendant does not pay the legal fees because its a civil matter not a criminal one. EX: If i bring someone to small claims court and then get advice from my lawyer on how I should proceed, should that person then pay my legal fees also? It was my choice to get a lawyer, but I didnt have to.


I had no idea the two forums were connected. I am just trying to understand all of this as it doesnt make much sense to me. I am not a lawyer. That is why I came here looking for 'freeadvice'. Its way out of my league.

I was OK with the RO, hey, he said it, no excuses. But this is getting way out of hand. So Its not like I am not liking any answers, but I am just trying to find what is ok and what is not.


yes, I am sorry if it wasnt clear, I'm very upset over this. Is it typical for a lawyer to sue a minor in a civil case for attorney fees? everyone I talked to said 'usually' no. I feel our lawyer messed this one up by not advocating for my son, just stating that is was 'unreaonsable' for the amount of money. So the judge agreed and lowered it.

Here is the reality. We are poor. I am trying my best. I already paid for the lawyer and he has done nothing I requested or even got me a copy ofanything. All I have is the RO and the other laywers itemized sheet of how much everything he did and the cost of it.


I dont even want to respond to this. But just so you are clear, I am not in denial. He did do something wrong. However, the consequences of his actions are a little over the top.

But I would like to point out, that this quote is what I am talkinga bout. Chances are this pesron would never of said this to me in person. Its the internet and people write stupid and hurtful things. And we are adults. At least I think we are.

He had to leave his school due to the restraining order, he has been accused two times of violiating it which he never did, and now he has to pay this lawyer now. We cant find a school that will take him because they think if he 'had to leave the school' he must be a bad kid. So here is, home with me, and we now have to get a turtor, all because of a stupid text.

Even the clerk at the court laughed at it, and said that a lot of kids are saying stupid stuff with text because its just a phone and half of them would never say the stuff they write in person.

I thought Id teach my kid a lesson about texting, but I had no idea it would cost me thousands of dollars.

I only came here for advice. If you have nothing constructive to say, then dont say it, but the snide remarks do not help at all.

Now that I wrote this long post, watch, no one will say anything. Just like 'down the street'.

thank you for those links Quincy. I will read them.

Please define "nasty texts" . Thank You.

 

[sloane]

Thank you David for seeing all my frustration with all of this.

To retain an attorney without money and have the attorney take the case with the hopes of suing a minor child for the fee is unusual at best.

Actually, their attornry is their family attorney. He is there finincial attorney. Lets just say they are very well off.

I on the other hand, though not considered poor, I do live check by check. I dont even have a credit card anymore. I barely get by. I just cant afford our attorney, now their attorney, and now that I feel we need a new attorney, I have to pay for another one. I did talk to another attorney who told me NOT to pay that other attorney until I speak with him at our free consulatation. I feel we just need an agressive attorney to get this thing over with.

I havnt written all the other crazy stuff what is going on since all of this happened, my son just sits at home now, scared to go out because he thinks he will be arrested. He has no school to attend because the special needs schools question why he left his other school and we dont want to let them know about the RO. The list goes on and on. It all started out with just accepting the RO and then have the kids move on.

Which he did, but they cant let it go. Its heartbreaking.

 

[sloane]

Please define "nasty texts" . Thank You.

Threatening text. The text is not important. Its what is happening since the RO was in place. We agreed to the RO. Even though 98% of what they accused my son of doing was a lie, but that 2% he did do and it was enough to get the RO anyway.

So the text is not important. Its all the stuff that is snowballing since.

 

[quincy]

... I didnt know it was all the same people ... If I knew that it was all the same people, I wouldnt have bothered posting.

The membership on this forum is different from the membership on the other site. There are a few members on this site who post to both sites but certainly not all or even most. In other words, you are welcome to post on as many forums as you want to, to get the answers you need.

maybe I was looking for some sympathetic reader, or someone who had a similiar situation and what they did.

There are posters who come to this site expecting sympathy but that is not really what we dispense here. We provide advice based on the law. The legal system deals in facts and not emotions. That is not to say we might not be sympathetic to a poster's problem, though.

I am just a mom trying to help my son. Not in denial at all, just do not think he deserves everything that has happened over some stupid text. The legal system thinks differently.

Moms and dads try to help their children. It is what they do. But sometimes there is nothing a mom or dad can do to help their children out of the legal messes they get themselves into, except to provide money for an attorney - and then hope the attorney can work a few miracles.

Apparently your son's attorney could work no miracles. It sounds as if your son's texts were seriously bad.

Your son could possibly try to find a legal aid clinic or a law school in your area of Massachusetts, to see if someone there can review for free the facts behind the restraining order and the ordering of attorney fees.

 

[Just Blue]

Threatening text. The text is not important. Its what is happening since the RO was in place. We agreed to the RO. Even though 98% of what they accused my son of doing was a lie, but that 2% he did do and it was enough to get the RO anyway.

So the text is not important. Its all the stuff that is snowballing since.

Sometimes a "child" must pay for the consequences of his actions. Apparently the courts of Massachusetts determined your "child's" actions must be paid.

 

[Just Blue]

Thank you David for seeing all my frustration with all of this.



Actually, their attornry is their family attorney. He is there finincial attorney. Lets just say they are very well off.

I on the other hand, though not considered poor, I do live check by check. I dont even have a credit card anymore. I barely get by. I just cant afford our attorney, now their attorney, and now that I feel we need a new attorney, I have to pay for another one. I did talk to another attorney who told me NOT to pay that other attorney until I speak with him at our free consulatation. I feel we just need an agressive attorney to get this thing over with.

I havnt written all the other crazy stuff what is going on since all of this happened, my son just sits at home now, scared to go out because he thinks he will be arrested. He has no school to attend because the special needs schools question why he left his other school and we dont want to let them know about the RO. The list goes on and on. It all started out with just accepting the RO and then have the kids move on.

Which he did, but they cant let it go. Its heartbreaking.

Make sure your son gets a job to pay FOR ALL legal costs of his problem.

 

[sloane]

I wrote a reply this AM but it had not gone through.

 

[Proserpina]

I wrote a reply this AM but it had not gone through.

Most of us have been around for aeons and that STILL annoys us - the Disappearing Post Syndrome!

 

[stealth2]

I wrote a reply this AM but it had not gone through.

Did you by chance "Preview Post"?

Most of us have been around for aeons and that STILL annoys us - the Disappearing Post Syndrome!

I reported the Preview Post issue on the Technical issue board - fix it or get rid of it. This is ridiculous.

 

[TinkerBelleLuvr]

What I picked up here is the child was in some sort of special education school. Is he capable of having a job?

 

[sloane]

Well, my 17 yr old son wants to find out if he can appeal the judges decision of him paying the plantiffs legal fees. He did his own investagation and found out that the judge should of not done that as he was a minor, plus, there was no proof on any of the allegations.

I have no idea how to go about appealing a judges ruling. I just keep remembering judge judy...The rulings are final!....We will be talking to a new laywer and see what they say.

My son said, well, if worse come to worse, we will sue them for our lawyer fees as they have no proof on any of these allegations.

 

[Just Blue]

Well, my 17 yr old son wants to find out if he can appeal the judges decision of him paying the plantiffs legal fees. He did his own investagation and found out that the judge should of not done that as he was a minor, plus, there was no proof on any of the allegations.

I have no idea how to go about appealing a judges ruling. I just keep remembering judge judy...The rulings are final!....We will be talking to a new laywer and see what they say.

My son said, well, if worse come to worse, we will sue them for our lawyer fees as they have no proof on any of these allegations.

Huh????????????????????

Per your postings 1 and 11. Yes they do have proof.

 

[Proserpina]

Well, my 17 yr old son wants to find out if he can appeal the judges decision of him paying the plantiffs legal fees. He did his own investagation and found out that the judge should of not done that as he was a minor, plus, there was no proof on any of the allegations.

I have no idea how to go about appealing a judges ruling. I just keep remembering judge judy...The rulings are final!....We will be talking to a new laywer and see what they say.

My son said, well, if worse come to worse, we will sue them for our lawyer fees as they have no proof on any of these allegations.

1. Judge Judy - along with most other court TV shows - is not court. It's binding arbitration, and both parties sign agreements before appearing.

2. Your son should hush. If he sues for attorney fees he's going to get laughed out of court and then ordered to pay THOSE fees, too.

3. Stop watching court TV shows.

4. Re-read your own posts.

 

[Just Blue]

1. Judge Judy - along with most other court TV shows - is not court. It's binding arbitration, and both parties sign agreements before appearing.

2. Your son should hush. If he sues for attorney fees he's going to get laughed out of court and then ordered to pay THOSE fees, too.

3. Stop watching court TV shows.

4. Re-read your own posts.

I agree with the above...except 3. I happen to like those shows for voyeur appeal.