Entries Tagged 'Attorney Fees' ↓

Family Law Financing - In re Marriage of Keech

One somewhat unique factor of family law litigation is the way in which family law cases are financed.  In the recent case of In re Marriage of Keech (1999) Daily Journal D.A.R. 10699, the Appellate Court reversed and remanded a trial judge based on an abuse of discretion as to the amount and the manner of payment of an award of attorney’s fees.  Keech addresses the procedure and law on the issue of attorney’s fees awards  clearly and head on. Continue reading →

The Uniqueness of Family Law Attorney Fees - In Re Marriage of Hobdy

The uniqueness of family law attorney fees was discussed in the recent case of In re Marriage of Hobdy, 2004 DJDAR 12913 (Oct. 21, 2004) indicating the difference between the civil law motion for reconsideration requirements and request for attorney fees in family law cases.

On July 12, 2002, Waymon Hobdy filed a petition for dissolution of marriage. On July 25, 2002, he filed a request to enter the wife’s default. This request was granted. On Sept. 6, 2002, Norma Patricia Hobdy filed a motion to set aside the default and requested, among other things, attorney fees. The court granted the request to set aside the default but denied the wifes request for attorneys fees. Continue reading →

Getting Paid After You Are Out

“A Plan For Discharged Family Lawyers To Get Themselves Paid”
Los Angeles Daily Journal, Vol.119, Issue 171, September 6, 2006

The business of family law can often involve emotions of clients that change very rapidly.  As such, it is not unusual for attorney’s fees to correspondingly accelerate. During such a fee escalation one of the parties may discharge their attorney and there may be a substantial attorney’s fees receivable. Fortunately, the Family Code provides a mechanism where a former counsel can obtain an order for fees.  The case law history and underlying statutory scheme for an award of attorney’s fees to a discharged attorney in a family law matter was recently addressed in the case of In Re Marriage of Erickson and Simpson (2006 DJDAR 9511). Continue reading →

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