Can someone be held liable for attorney fees if the attorney or cleint never contacted you.

My girlfriend was in a car accident durring a period of lapsed insurance coverage (no notification was received), the other parties insurance company came after her for damagers (which she paid), but now they are comming after her for their clients attorney fees…(she was never contacted or sued by any attorney)…can they do that.

Asked on June 8, 2009 under Accident Law, Wisconsin

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think this is very doubtful.  But I'm not a Wisconsin attorney and I don't have all of the facts of your friend's case, and she should have a lawyer in your area review all of this, for reliable advice.  One place to look for a qualified attorney is our website, http://attorneypages.com

In most states, each side in a lawsuit has to pay their own attorneys' fees, unless there is a specific law that says otherwise.  These are sometimes called "fee-shifting" laws, and are usually found in statutes that protect civil rights and other cases where the person who needs to sue often can't afford a lawyer.  There are also court rules that govern this, and that permit attorneys' fee awards in some situations in cases like divorce.  I don't know of any such fee shifting laws that would apply to this case.


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