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Estate Planning >> Trusts & Living Trusts >> Legal Fees
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| Joined 19 Jan 2022 3:40 pm
1 post
Unrated |
I'm in a situation where I'm going to mediation on Jan 31st. If I come to an agreement with this person on a cash sum, can I still sue this person for my legal fees? Even though I have a very strong case and would most likely win in court regarding my mother's estate, I'm going to mediation to end this ordeal and save money. When this started I asked my lawyer about suing for legal fees, but I never got a straight answer. She tells me we'll talk about it once we end this. The person suing the estate has no basis for their case or evidence, and has cost me and my family time and money to deal with it. Since we decided to go to mediation, I haven't asked my lawyer about suing for our legal fees. Do I give up my right if I go to mediation?
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| Joined 26 Jan 2022 1:01 pm
144 posts
9.6/10 Rating |
Dear Jonathan,
Generally speaking, the rule is that parties bear their own costs and attorneys' fees.
However, you shall try to insist on having attorney fees compensation clause in your settlement agreement.
What you shall watch for in the settlement agreement is covenant “not to sue”. If there is such a provision in the settlement agreement you lose your right to bring a claim for attorney fees in the future.
Attorney fees are rarely awarded, and as we understand your point, it may be awarded if the other party brought a “frivolous claim”.
Please note that Legal Helpmate is not a law firm and written above is given for your information only and does not constitute a legal advice.
Best regards and good luck,
Legal Helpmate
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