Q: if the person filing the partition appeals the sale of the property does the lawyer still get fees
A: The Court can order one party to pay another party's attorney fees and appeals court can change that decision on appeal. What is due between the attorney and the client depends on what is in the fee agreement between the client and attorney. Unless the agreement is for a contingent fee agreement, the attorney is owed their fees whether or not the case results in what the client wants.
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