Can an adverse party in a personal injury action recover fees paid or payable to his own attorney for services rendered in that action?
California, United States of America
The following excerpt is from Williamson's Estate, In re, 150 Cal.App.2d 334, 310 P.2d 77 (Cal. App. 1957):
Perhaps a word should be said about attorney fees. Normally, one party can not recover from an adverse party in an action for fees paid or payable to his own attorney for services rendered in that action. Code Civ.Proc. 1021; Woodward v. Bruner, 104 Cal.App.2d 83, 230 P.2d 861. That is so 'in the absence of a special agreement, special statutory provision, or exceptional circumstances.' In re Estate of Reade, 31 Cal.2d 669, 671, 191 P.2d 745, 746. Here we have a special statutory provision, section 788 of the Probate Code, which, as we have seen, provides for recoupment by the estate of such attorney and executor fees as reasonably may be deemed 'expenses of the previous sale.'
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