Paying attorney fees for the other party is not an easy task. While you may want to take the responsibility to the other party, it can be problematic. In New Jersey, the Supreme Court ruled that third-party payments to attorneys should be accepted only if the client has given consent. It must be clear to the client that there will be no conflicts of interest, and the payment should not interfere with the independence of the lawyer.
It’s important to understand that courts cannot infer a waiver of the attorney-fee rule based on promise language alone. For example, if one party has agreed to pay the attorney fees for the other party, then the other party can’t deny the payment. However, the contract between the parties will specify who pays the attorneys’ fees, so it’s important to clarify this with the other side.
In addition, the rule states that the party should not be required to pay the other party’s legal fees. It’s possible to get around this by requesting that the other person pay the fees. The lawyer can negotiate a fee arrangement with the client. But a payment arrangement should not violate the rule. Moreover, the lawyer cannot obligate the other to pay the attorney’s fees. Unless the contract explicitly provides that the other party will pay the attorney’s fee, the court will not enforce the agreement.