QUESTION
Can opposing party seek sanctions for fees incurred if attorney misconduct caused the mistrial?
Asked on Apr 15th, 2014 on Divorce - Utah
More details to this question:
If attorney misconduct (unauthorized practice of law) caused mistrial, under what authority can opposing party seek sanctions for the fees incurred preparing for and conducting the trial?
5 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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It's obvious. If your lawyer was not authorized to practice, then all the work with him including the trial was a waste of time. On that basis your lawyer may well be liable and if you knew he was not authorized to practice you could also be liable. It's a form of fraud.
Answered on Apr 16th, 2014 at 6:31 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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They can always ask but the Judge makes the decision. If the attorney misconduct was involved attorney should pay, not the client.
Answered on Apr 16th, 2014 at 6:28 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes an opposing party can seek sanctions for the excess costs.
Answered on Apr 16th, 2014 at 5:45 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You would need to look at local court rules to figure that out.
Answered on Apr 16th, 2014 at 10:16 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Doesn't your lawyer know this already?
Answered on Apr 16th, 2014 at 8:46 AM