Upon the closure of a court case, the winning party may find themselves in the position of receiving court awarded attorney fees. There are several procedural hoops to jump through before the winning party can collect its attorney fees. Here’s how to collect court awarded attorney fees in California.
The winning party may be reimbursed for their attorney fees and costs by the losing party, as mandated by the court. In order to collect court awarded attorney fees, the winning party must present the billing invoices and fee calculations for client-attorney services to the court in order to determine a final sum award.
What are Court Awarded Attorney Fees?
In certain court cases, the winner is reimbursed for their attorney fees and costs. This occurs only when the judgment explicitly includes an attorney fee award. After winning a case, the winning party and the attorney should work together to request attorney fees after the verdict. The losing party may be responsible for paying the attorney fees to the winning party.
Related: Does My Husband Have to Pay for My Divorce Lawyer?
Elements of Collecting Court Awarded Attorney Fees in California
After receiving the verdict in a case, the winning party and their attorney should make a motion to request attorney fees, when applicable.
Billing
The winning party should provide invoices that reflect clear and detailed descriptions of transactions between the client and attorney. If the invoice is not sufficiently detailed, the court may throw it out and disregard the fees included in the invoice.
Related: How to Negotiate Legal Fees With Your Attorney
Calculations
The court will then move on to examining the number of hours billed, consider market rates, the complexity of the case, and other elements to determine the final award sum. The court ultimately determines the final sum of attorney fees awarded in a case.
What to Do After the Case
After closing the case and determining the final sum for court-awarded attorney fees, the winning party should seek to collect the fees within two years. If the losing party fails to properly pay out the court awarded attorney fees, the winning party may file a lawsuit against them in order to collect their awards.
FAQs
What are court awarded attorney fees?
Court-awarded attorney fees are monetary rewards granted to a winning party in a case to reimburse their attorney fees and costs. This occurs only as dictated by existing statutes or court action. The losing party pays out the court-awarded attorney fees to the winning party.
How do courts calculate attorney fees?
The courts will consider the invoices provided by the winning party and calculate reasonable hours and market costs of attorney fees. With this information, the court determines the final sum for the attorney fees.
What if the losing party has not yet paid me my attorney fees?
If the losing party has not yet paid the court awarded attorney fees, the winning party may take legal action against them. Work with your attorney to collect attorney fees from the losing party through the court.
Contact Us
If you need to collect court-awarded attorney fees in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our experienced attorneys in California!
