T HE T RU T H ABOU T RECOVER I NG Y OUR A T T ORNE Y ’ S F EE S
When you’re fighting a legal battle over a business or estate dispute, the attorneys’ fees can mount quickly. These cases are complicated and take quite a bit of our firm’s time (see Page 1 for more on how immersed I get in my cases). Considering that, it’s no surprise clients often ask me, “If I win my case, can I recover my attorney’s fees?” As a general rule, here in America when someone files a lawsuit, they’re responsible for paying their own legal fees regardless of who wins. In other words, the answer to the question above is usually “no.” This is such a big part of our legal system that it’s actually known as the “American Rule.” However, there are a few exceptions here in Virginia. Exception No. 1: It’s in the contract. When parties enter into a contract, they can agree to include a provision that requires the losing party to pay the winning party’s attorney’s fees. This is called a “fee-shifting provision.” To put it simply, it means that if you sue for breach of contract , you can recover your attorney’s fees if you win. Sometimes you can also recover them if you lose. Exception No. 2: There’s a statutory provision. If your lawsuit is covered by a statute with a built-in fee-shifting provision, you can also recover your fees for attorneys. A few examples include lawsuits against homeowners associations and lawsuits challenging state agencies.
Exception No. 3: The other person breached a covenant not to sue. The Supreme Court of Virginia created this exception when it ruled on the Bolton v. McKinney case this spring. In that case, two parties signed a settlement agreement promising not to sue each other. Then, one of them sued anyway! The court found that since there was a breach of the agreement not to sue, the party that broke the covenant would have to pay the other party’s $80,000 in legal fees. Bolton v. McKinney isn’t the only Supreme Court of Virginia-created exception to the “American Rule.” There are others, too! My team and I are experts on all of them, so if you’re not sure whether you’ll be able to recover your fees, double-check with us.
SUDOKU
TOMATO AND WATERMELON SALAD (YES, REALLY!)
Bon Appétit magazine calls tomato and watermelon “soul mates,” and they’re right! This surprising gourmet salad will be a hit at your next barbecue.
INGREDIENTS
DIRECTIONS
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1 tsp peppercorns, coarsely crushed 1 tsp coriander seeds, coarsely crushed
1. In a small saucepan, sauté spices and herbs in the coconut oil for 3 minutes over medium heat to create turmeric oil. Take the pan off of the heat, then let it cool. 2. Combine the watermelon, tomatoes, and feta on a large platter or in a bowl. Drizzle with cooled turmeric oil. Now, simply sprinkle with sea salt and enjoy!
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1/2 tsp cumin seeds 1/2 tsp turmeric 1/4 cup coconut oil
SOLUT ION
4 cups seedless watermelon, rind removed and cut into 1/2-inch cubes
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2 heirloom tomatoes, cut into 1/2-inch cubes 8 oz feta cheese, cut into 1/2-inch cubes
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Sea salt, to taste
Inspired by BonAppetit.com
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