Attorney fees

North Carolina Divorce Law Divorce and Separation Answers
1

An attorney can dismiss claims with prejudice on behalf of their client, but only with their client’s permission. You may still be able to appeal, but it depends on what claim was dismissed and what issue you would like to appeal. You should be aware that if you intend to appeal you have a very short period of time in which to appeal and should meet with an attorney immediately if you intend to appeal.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

My attorney fees for my case were in excess of 200,000. Due to a binding arbitration clause, the judge ordered me to attend arbitration and the arbitrator ordered me to pay the full amount. At that point, I had no recourse as I knew the judge would not help me even though he made the statement at a hearing that my attorney had charged “excessive fees”. I received notification today that the attorney had dismissed the case “with prejudice” and I, of course, understand what that means. What I am asking is can an attorney dismiss a suit “with prejudice”? I thought only a judge could do that. Does this eliminate my right to appeal? I know there probably is nothing I can do. I’ve already tried. Thanks.