If you settle the case, language can be included in the settlement agreement which states that all parties are responsible for their own attorney's fees and costs.  This language in a settlement will prevent the other side from trying to come after you for attorney's fees.If you proceed with the appeal and lose, then the opposing party will come after you for attorney's fees.  If you proceed with the appeal and win, you could go after the opposing party for your attorney's fees assuming you are represented by an attorney.