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Looking for defenses for client regarding paying interest & atty fees
Client was sued by former attorney for fees. Contract has a provision for
attorneys' fees and interest. Attorney's billing practices were shady and
there is a bar complaint pending but no malpractice complaint filed.
If former attorney wins a partial summary judgment re some of the fees owed
(but not all claimed), is there any way to defend against attorney being
entitled to interest and his attorneys' fees when the contract has a
provision for those items? Does attorney have to win everything to be
entitled to those? For example, if attorney sues for $10K but is only
awarded $5K because he is found to have $5K of bogus charges in his
billing, will attorney be entitled to interest per the contract (and will
it be interest on only the sums found to be owed, and for a full year that
the litigation is pending?); and will attorney be entitled to his full
attorney's fees for having to hire someone to prosecute the case?
Attorney refuses to settle for less than what is claimed on the face of the
complaint, but the concern is if client loses case in part and wins in
part, will he end up paying a fortune in the attorney's attorney's fees
plus interest.
This is an Idaho case.
Looking forward to your thoughts on this matter.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
*Central District of California & District of Idaho* - Consumer Bankruptcy
Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
Client was sued by former attorney for fees. Contract
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