Monday, November 9, 2015
Wrongful Conduct and Attorney's Fees
Attorney's fees in Chancery Court in Mississippi can be awarded due to wrongful conduct. This is normally in the context of contempt or failure to comply with discovery orders. I am arguing a case later today dealing with the filing of a fraudulent affidavit in order to seize a tax refund. It is arguably contempt due to a prior court order and also wrongful conduct which should result in an award of attorney's fees. The area dealing with wrongful conduct is still developing in legal theory and very fact sensitive. The most successful application seems to be where conduct is arguably contempt since the conduct tries to circumvent a court order.