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Old 21.04.2021, 19:50
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Can the legal costs be beared by the guilty party?

For all the legal gurus, suppose A and B have a legal dispute.

A is right, B is wrong. A has TCS Assista which doesn't work. Can A hire a proper lawyer to represent against B?

If B gives in, will be B be legally liable for A's costs of hiring a proper lawyer?

Can A otherwise request TCS Assista to pay for a proper lawyer given that the lawyers they assign you to are somewhat useless?

Last edited by Mr.Maquiavelo; 21.04.2021 at 20:11.
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Old 21.04.2021, 20:13
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Re: Can the legal costs be beared by the guilty party?

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A is right, B is wrong. A has TCS Assista which doesn't work.
What does "doesn't work" mean?
Quote:
Can A hire a proper lawyer to represent against B?
Yes.
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If B gives in, will be B be legally liable for A's costs of hiring a proper lawyer?
If B gives in, it's a negotiated settlement. That means your costs will be met if that's what you negotiate.

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Can A otherwise request TCS Assista to pay for a proper lawyer given that the lawyers they assign you to are completely useless?
Yes. A can. And TCS may say "no" we're not going to do that, because (for example), in their opinion, you have no case. Which possibly is what "doesn't work" means.
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Old 21.04.2021, 21:05
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Re: Can the legal costs be beared by the guilty party?

And B can also reclaim all costs from A if they win.

Tom
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Old 21.04.2021, 21:35
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Re: Can the legal costs be beared by the guilty party?

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What does "doesn't work" mean? Yes.
If B gives in, it's a negotiated settlement. That means your costs will be met if that's what you negotiate.
And if the negotiation fails A still needs to get a judgement against B.
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Old 22.04.2021, 08:50
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Re: Can the legal costs be beared by the guilty party?

Like many things in life, it is not black or white. So A may 'win' but both parties have to cover their own costs. Or A may partially win and will have a part of his costs covered. It depends on the issue at hand, it depends on the evidence, it depends on the parties' behavior, ...



So, as usual, the real unequivocal answer is: it depends.
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Old 22.04.2021, 09:01
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Re: Can the legal costs be beared by the guilty party?

The court may specify an amount of costs the other side has to pay, this occurred when I challenged a court judgement. I won but only got about 1/2 of my actual legal costs.
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Old 22.04.2021, 22:57
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Re: Can the legal costs be beared by the guilty party?

Even in the situations where B would normally be expected to pay A’s legal costs because B was found guilty, if B is broke A is on their own for legal fees.
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Old 23.04.2021, 09:52
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Re: Can the legal costs be beared by the guilty party?

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Even in the situations where B would normally be expected to pay A’s legal costs because B was found guilty, if B is broke A is on their own for legal fees.
No they aren't, the normal apparatus for claiming debts applies and this can take into account someone being unable to pay just now but potentially able to pay in the future and in instalments.
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Old 23.04.2021, 12:34
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Re: Can the legal costs be beared by the guilty party?

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No they aren't, the normal apparatus for claiming debts applies and this can take into account someone being unable to pay just now but potentially able to pay in the future and in instalments.
I happen to know someone in this situation and as far as I know there has been no registering of debt for B to pay A later. In any case even if there were, A would probably never get paid.
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Old 23.04.2021, 12:43
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Re: Can the legal costs be beared by the guilty party?

'Borne', not 'beared'.

Tom
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