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CAN
THEY DO THAT??
ATTORNEY'S
FEES
WRIGHT
& MILLS, P.A.
I
WAS SUED FOR HITTING ANOTHER CAR WITH MY
CAR. IF THE JURY SAYS I WASN'T AT FAULT, I
CAN GET THE JUDGE TO ORDER THE OTHER SIDE
TO PAY MY ATTORNEYS FEES CAN'T
I?
No,
you can't!
The
general rule is that the court cannot
order one party to a case to pay the other
side's attorney's fees.
Only
where the statute specifically allows an
award of attorney's fees can the court
order them to be paid.
For
instance, in a divorce case, the court can
award attorney's fees to one side or the
other, depending on the parties' relative
ability to pay.
Also,
by statute, in a landlord-tenant case, if
an eviction was unlawful the landlord can
be ordered to pay the tenant's attorney's
fees; or if the tenant brings a frivolous
case, the tenant can be ordered to pay the
landlord's attorney's
fees.
If a
person sues for a consumer fraud under the
Unfair Trade Practices Act, the person can
get attorneys fees, but only if they made
a written demand before bringing the court
case, to give the other party a chance to
settle.
If
you are discriminated against in
employment or housing or credit on account
of your race, color, sex, religion, age,
ancestry or disability, the statute says
you can ask the court to make the other
side pay your attorney's fees, but only if
you filed your complaint with the Maine
Human Rights Commission first, before you
went to court, to allow the Commission to
investigate and to try to work things out.
The Human Rights Commission may then find
that there are reasonable grounds to
believe you have been discriminated
against, or they may give you a "right to
sue" letter, either of which gives you the
right to ask for statutory damages and
attorneys fees.
In
the usual civil or criminal case, however,
the court cannot make the other side pay
for your attorney. It's the
law!
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