Who pays for attorney's fees in a split decision?

[mythoughts]

We sold a house and are now being sued for several issues that the buyer thinks we failed to disclose. If we win on 9 of 10 counts but lose on 1 count, do we have to pay all of their attorney's fees or is it prorated? And do they have to pay our attorney's fees for the other 9 points?

Also, their attorney charges $350 an hour. I've heard that $150 is considered 'reasonable'. How does the court determine what reasonable fees are? Won't they just lie and say that they spent twice as many hours 'preparing' for the case so they still get the amount they want in attorney's fees/ Their lawyer is a family member. Thanks!

 

[army judge]

We sold a house and are now being sued for several issues that the buyer thinks we failed to disclose. If we win on 9 of 10 counts but lose on 1 count, do we have to pay all of their attorney's fees or is it prorated? And do they have to pay our attorney's fees for the other 9 points?

Also, their attorney charges $350 an hour. I've heard that $150 is considered 'reasonable'. How does the court determine what reasonable fees are? Won't they just lie and say that they spent twice as many hours 'preparing' for the case so they still get the amount they want in attorney's fees/ Their lawyer is a family member. Thanks!

You should be asking these questions of the attorney you have retained (or will retain).

Don't consider losing, IF you have a good case.

IF you have a weak case, discuss settling this matter with your attorney.