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

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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 14 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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