Legal Question in Employment Law in California

an agreement made with an attorney states...

"You agree to compensate Attorney at an hourly rate of $250. The amount billed will be capped at 20 hours. However, if a fee motion is made, Attorney will seek fees from defendant for all hours billed."

I was the plaintiff and the case was won. The judge granted the motion for attorney fees in excess of $5,000. Due to the wording of the agreement on attorney fees, am I still liable for those fees


Asked on 6/20/15, 3:41 pm

2 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

The answer to your question appears to be yes. However, I wish I could see the entire agreement to give a better answer.

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Answered on 6/20/15, 5:24 pm
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

It probably depends on the wording of the fee agreement, but generally, the client is responsible for the fees. You most likely owe the amount you agreed to, assuming the attorney worked 20 hours. But, if the defendant pays the fees awarded, then you may be entitled to a refund. Again, it all depends on your fee agreement. The best person to talk about this is your attorney. If you aren't happy with the response, take the agreement to another attorney for review.

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Answered on 6/22/15, 8:38 am


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