If I appeal a judgement and settle before trial, can the other party recover additional attorney fees meaning those used to prepare for the appeal?

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If I appeal a judgement and settle before trial, can the other party recover additional attorney fees meaning those used to prepare for the appeal?

I received a judgement that included some atty fees for the opposing side. I have an appeal scheduled and am considered just paying the imposed judgement. I am concerned that the opposing side will seek additional fees to prepare for the appeal even if I pay them now.

Asked on March 26, 2012 under Real Estate Law, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you settle the case, language can be included in the settlement agreement which states that all parties are responsible for their own attorney's fees and costs.  This language in a settlement will prevent the other side from trying to come after you for attorney's fees.

If you proceed with the appeal and lose, then the opposing party will come after you for attorney's fees.  If you proceed with the appeal and win, you could go after the opposing party for your attorney's fees assuming you are represented by an attorney.


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