Legal Question in Sexual Harassment in California

payment

If you win a lawsuit and the settlement was agreed on, a due date was made or a penalty.(didntnt make it). Sent back to court where the judge find them (lets say $400.) who's money

is that? The lawyer or the clients?

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Asked on 7/16/05, 7:23 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: payment

It appears that what you're asking is to whom does the additional penalty go. It's controlled by the retainer agreement with the attorney. Usually, the attorney will write the retainer and take a percentage of the settlement. A more savvy attorney will also write a provision as to what becomes of attorney's fees that are awarded. However, since this award is not attorney's fees, most likely the attorney will take the agreed-upon percentage.

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Answered on 7/18/05, 5:13 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: payment

I can't tell what the fine was for, from your question. Sometimes judges fine opposing parties or attorneys for bad things they do. We call these sanctions. Sanctions can take many forms but if this was a sanction for wasting your attorneys time unnecessarily, it could be in the form of a legal fee to be paid directly to the attorney. You need to discuss this with your attorney for clarification.

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Answered on 7/18/05, 8:04 pm


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