Attorney Fees

[dqzny]

I am in the process of negotiating settlement and have paid close to $100,000 so far in attorney fees. During summary judgment, the other side won a major portion of my complaint, however, I still have the right to pursue my retaliation claim. If settlement can be reached out of court which is in my favor, I was told by anther out of state attorney that I can ask for some attorney fees. Is this true. I asked for 1/3 of my attorney fees to settle the case and the other side said they will not pay it but are considering other terms of the settlement. Is there a law that says if settlement is in favor of one side they are entitled to recover some attorney fees?

 

[arkady39]

Generally, attorneys fees are only recoverable if you actually have an attorney and if the case was taken all the way through trial to the final judgment. If you are settling a case at any time before the trial verdict, you can still make reasonable attorney's fees as part of the deal, but you will not be automatically entitled to attorneys fees.