If you’re settling your case, attorney fees are usually not part of a settlement. The odds are that you’re not going to be able to get your attorney fees covered. The only ways you can get your attorney fees covered is to either have a contract with an attorney fee clause, a statute that allow attorney fees and you get a judgment, which means you have to go through a full-blown trial. After you get the judgment, then you can file a motion for your attorney fees or include that in the judgment and have the attorney fees in the Judge’s order.
Even within a judgment, the judge has to make sure the attorney fees are reasonable, under the circumstances. If you can prove that the other side filed a frivolous lawsuit, you should collect your attorney fees. Realistically, getting your attorney fees from the other side is not an easy thing to do and should not be relied upon. Some arbitrations will allow the attorney fee to go to the prevailing party.
How Can I Protect My Business In The Future From Potential Lawsuits?
Using best practices can save your company from lawsuits. If you’re involved in an employee situation, you want to make sure that you have yourself protected. You want to have uniform policies, like a sexual harassment policy and an employee handbook. Try to create documents to protect yourself. You may want to have every employee sign an arbitration agreement so that if anything happens, it will go to arbitration rather than court. That way, you may be able to limit your punitive damages.
For more information on Affording An Experienced Business Law Attorney, a personalized case evaluation is your next best step. Get the information and legal answers you are seeking by calling (310) 203-2249 today.