In Virginia, a party may recover, as damages, the attorneys' fees they incur because another party breached a covenant not to sue.
In Virginia, a party may recover, as damages, the attorneys' fees they incur because another party breached a covenant not to sue.
Deciding whether to sue a client for unpaid fees and expenses requires a careful and in-depth analysis of the risks and benefits of bringing such a claim. Attorneys should be wary of the risk of a malpractice counterclaim, as well as the financial risks associated with a collection suit.
Key Takeaways. Mandatory binding arbitration is a private proceeding used to settle disagreements between two parties. Parties to a contract agree to have their case reviewed by a third party—an arbitrator—and to be bound by the arbitrator's decision.
To recover unpaid awarded attorney fees in California, you may need to file a motion with the court to enforce the judgment or order for attorney fees. This typically involves completing and filing a Request for Order form, specifically requesting enforcement of the attorney fees award.
The court said the state law is preempted by the Federal Arbitration Act (FAA). As a result, Assembly Bill 51 no longer stands as an obstacle to employers that wish to require arbitration agreements as a condition of employment in California, so long as the FAA applies and governs the agreement.