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IF you do not counter sue then your lawyer can file a motion for granting of attorneys fees.. If you DO counter sue, then you can only recoup what your defense cost, not what your counter suit cost.. Your lawyer should be doing this for you already..
The judge will decide three things:
1) if you should get attorneys fees
2) if the fees your lawyer is charging you are "justified" i.e. you cant have a 200K legal bill for a mere 50K lawsuit..
3) the amount.. the judge will usually agree with the attorney.. if the attorney submits his bill right..
This is what happened with me..
Sometimes, it is not a good idea to do that though.. it also depends on whether or not the case was dismissed with prejudice or not..
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