BUSINESS law faqs
A. Cohen – Legal Advice
By avi cohen
A judge may order the losing party to pay the costs of the lawsuit. These costs may include court filing fees, witness expenses and the costs of preparing exhibits. As a general rule, each party is responsible for paying his or her own attorney’s fees, with the following exceptions:
- Parties may have agreed in a contract to pay the other party’s attorney’s fees in the event of litigation
- The lawsuit may involve a statute that provides for payment of attorney’s fees
- Courts may award attorney’s fees to one party, if it is found that the other party engaged in bad faith or frivolous litigation, or pursued legal theories that have no merit
An appeal is usually an option, but it may or may not remedy your dissatisfaction. Courts of appeal are limited to deciding questions of law, not fact. For example, a court of appeal will hear your argument that the judge in your case did not give the jury the proper instructions but probably will not hear your argument that the jury should have reached a different decision based on the facts. Courts of appeal are reluctant to overturn a jury’s verdict, unless there is absolutely no evidence to support the verdict. The theory is that juries, who hear the evidence and see the witnesses who testify, are better able to judge close questions. If you do appeal and win, the most common remedy is that your case will be sent back for a new trial. If you win the appeal you will most likely be granted a new trial, not necessarily a new result. Appeals are generally allowed but do not always provide a solution to your dissatisfaction.
If you have a business dispute and are considering commercial litigation, be sure to team up with one of our commercial litigation attorneys. If you have any further questions regarding commercial litigation, feel free to contact the A. Cohen Law Firm, P.C., and we would be happy to discuss your case.
Our key to success
When it comes to representing our clients, there’s really only one option: individualized attention. You will never be just another file. We understand one hat does not fit all and that each client has different needs. We take the extra time to give each of our clients the personal attention they deserve!