SSS · Dispute Resolution

If I win the case, does the counterparty pay the attorney’s fee?

If you win, the court orders the losing party to pay a counterparty attorney’s fee. It is calculated under the litigation-costs provisions of the Code of Civil Procedure (No. 6100) and acco…

Updated · July 20261 min readCategory · Dispute Resolution
Short answer

If you win, the court orders the losing party to pay a counterparty attorney’s fee. It is calculated under the litigation-costs provisions of the Code of Civil Procedure (No. 6100) and according to the Minimum Attorney Fee Tariff, which is updated annually. That figure is independent of what you agreed with your own lawyer and can differ from it. The court…

If you win, the court orders the losing party to pay a counterparty attorney’s fee. It is calculated under the litigation-costs provisions of the Code of Civil Procedure (No. 6100) and according to the Minimum Attorney Fee Tariff, which is updated annually. That figure is independent of what you agreed with your own lawyer and can differ from it. The court fees you paid and the expert and service costs are, as a rule, also collected from the unsuccessful party, and where you win only in part the costs are apportioned according to how far each side was right.

So a substantial share of the cost of a case you win can be recovered. What that does not guarantee is collection: actual recovery depends on whether the debtor can pay. Which is why we assess collectability before proceedings are started, rather than after judgment.

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