what happens when your legal fees for a civil suit, exceed the amount of
the suit especially when your case has been postponed twice and has not
been heard in court? i.e. the attorney fees amount to $8,000+ and your
civil suit is around $9,000. with no guarantee that you will win even when
the case is heard by a judge?
1 Answer from Attorneys
Legal fees should be considered before starting any litigation as it is not always cost effective to sue, even if you win. In the majority of cases, each side pays for their own attorney fees, no matter who wins. In a few types of cases, attorneys fees must be paid by the losing party.
It rarely makes sense to pay 100% of anticipated recovery in attorney fees, unless there is a fee-shifting statute or contract that changes the general rule that each party pays its own fees. Parties are strongly encouraged to consider the cost effectiveness of any litigation before starting or continuing a lawsuit.
While I hope the above general legal information helps, it doesn't substitute for talking with your own attorney about your particular situation.