the defendants atty keeps trying to collect atty fees on a suit i initiated against the defendant for a property line dispute. he is now dragging me back into court this monday after the suit was withdrawn for legal fees. this is his 2-3rd attempt. he is citing "frivilous" suit this time
Generally speaking, each party to a civil lawsuit is responsible for his/her own attorney fees and litigation expenses. However, there are exceptions to the general rule. One exception is where there is a contract which outlines who pays for attorney fees and expenses if a lawsuit is filed for breach of the contract.
Another exception to the general rule is the Court's inherent power to issue sanctions for frivolous conduct. As part of those sanctions, if a Court were to find that a party engaged in frivolous conduct, the Court can award attorney fees to the other party.
Based upon the information in your posting, it appears that the attorney is asking the Court to award sanctions against you for frivolous conduct, to include the attorney fees incurred by the other party resulting from the frivolous conduct. The burden is on the other party to show that your conduct was frivolous, but it would be in your best interest to have counsel represent you in order to protect your rights.
Best of luck.
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