Legal Question in Legal Malpractice in California
legal malpractice legal costs
Does the loose pay legal costs to other side ? Or legal malpractice suits are exception to this and each side pays own costs not matter what the out come malpractice suit was? What happens in California?
2 Answers from Attorneys
Re: legal malpractice legal costs
In civil suits, except according to certain specific statutes, the losing party only pays her own attorney's fees, not the other side's attorney.
In a legal malpractice claim, usually because the retainer agreement provided for attorney's fees, the losing party might be required to pay the other party's reasonable attorney's fees. The court might have to decide what is reasonable.
Re: legal malpractice legal costs
"Winner gets his fees / loser pays" applies only where a written contract says that, or in statutory claims where that is provided. Malpractice is not covered, unless part of the documents signed by the patient, such as where there is mandatory arbitration required.
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