Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Are we liable for Attorney's fees?

2 posters

Go down  Message [Page 1 of 1]

1Are we liable for Attorney's fees? Empty Are we liable for Attorney's fees? Sat Sep 17, 2016 3:02 am

JeonHun


Arresto Menor

My uncle was alleged to bump a vehicle, we only knew upon receiving a demand letter from the complainant's lawyer. So to clarify, I went with my aunt and ask the real story. My aunt dont know who to believe, and just agreed to settle it since anyway there was insurance. Thereafter, the insurance facilitate the repair of complainants car. Now, we ask the complainant to sign the quitclaim but complainant refuse to sign as she is asking for my aunt to pay the lawyer she engage in writing the demand letter. But as I know, attorney fees can be claim only under Art 2208 of Civil Code. I believe our case does not fall into any of the grounds. She was not compelled to litigate. There was no case filed yet as my aunt settled it as soon as possible. It was her decision to engage a lawyer, she could have just called my aunt herself as she got the contact number and address from LTO. Is my contention correct or is it right that my aunt should also pay attorney fees?

2Are we liable for Attorney's fees? Empty Re: Are we liable for Attorney's fees? Mon Sep 19, 2016 3:09 am

ViNZsters


Arresto Menor

Yes. you are correct on basing Art. 2208 based on your facts. It was her decision to get a lawyer anyway, she wasn't even compelled to file a case to protect her right since your aunt didn't even refused to pay when there she demanded payment.

so there is no reason as to why she would ask for atty fees since it was her discretion anyway to hire a lawyer.

3Are we liable for Attorney's fees? Empty Re: Are we liable for Attorney's fees? Fri Sep 23, 2016 9:28 pm

JeonHun


Arresto Menor

Thank you so much for answering. Smile

Sponsored content



Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum