Requesting Attorney’s Fees and Costs From The Other Party
David L. Donnelly - Family Law Attorney
In most domestic relations cases, either one or both parties request their attorney’s fees and costs be paid by the other party, and in these uncertain economic times, this trend is even more prevalent. In general terms though, there are only a few circumstances where a Court will warrant that an award of attorney’s fees and costs is appropriate in domestic relations cases.
The first and most common, is when there is a large disparity of income between the parties. The operative word here is disparity. This does not mean that the Court will award fees just because there is a mere difference in incomes. The law requires that the disparity in income between the two parties is so great that it detrimentally affects one party’s ability to obtain an attorney while still meeting their reasonable needs, including payment of mortgage or rent, feeding their children and themselves, and other needs.The theory behind this is that oftentimes, there are situations where one party is a stay-at-home parent and the other party is the primary breadwinner because this relationship often affects the lesser income-earner’s relative ability to pay. To not award attorney’s fees and costs in this situation would unfairly affect one party’s ability to obtain attorney representation in the proceedings.
The next situation where an award of attorney’s fees and costs is appropriate is when the other party files frivolous motions, or motions designed to inflame the other party, or motions that have no foundation in the law. Such motions are most often used to obtain an advantage or to out-litigate the other party, but the Court is cognizant of these techniques and oftentimes, does award such fees to stop the offending party from continuing to use such tactics. Although there are other opportunities where your attorney can request that your attorney’s fees and costs be paid by the other party, they are used on a very specific case-by-case basis. One instance includes a situation where the other party is in violation of already existing Court orders. This is referred to as a contempt proceeding. Additionally, there are a few others situations as well, but these situations do not occur with great regularity in the domestic relations field. With that being said, it is essential that your attorney know of these circumstances and knows when to assert these arguments on your behalf. Bottom line, your attorney should identify these situations fairly early in your case and should keep you advised of these situations as your case proceeds forward.
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Loading ...Requesting Attorney’s Fees and Costs From The Other Party
John F. Hedrick, Colorado divorce attorney
The number one questions we get from potential new clients – are what is your retainer and what is your hourly rate? While both of these questions are very important in determining the cost of your dissolution, this blog is going to address things you can do as client to reduce your attorney fees and costs.
The number one thing a client can do in assisting their attorney in keeping the costs down is being organized and informed.
A significant cost to the client in a dissolution process is completing ones initial disclosures (financial information) for the Court and opposing party. This is a tedious task and is very time consuming. However, the client can handle most of the tediousness and time consuming, by spending a significant amount of time by themselves in organizing, gathering, and completing the requested financial information.
The more time you spend, the less time your attorney and paralegal will spend, thus saving you a significant amount of money.
Be organized and take your time in completing the requested information. A significant factor in a high attorney bill is a high number of requests and communications from the attorney/paralegal to the client. If it takes an attorney/paralegal 5 requests for information, your bill is going to be higher than if it took 1. Also, if it is completed correctly the first time, it will save the cost of multiple revisions or requests.
Another thing a client can do to lower their costs is ask multiple questions at one time, either by phone or email. Do not call your attorney on a daily basis, unless it is necessary, because each of these calls or emails is going to be billed.
If you have a question and need to contact your attorney, take a minute and think if there are any more questions that you may have. Again, follow up calls or emails are what cause a significant increase in attorney fees.
Also, email your questions to your attorney, so you have a written record of your questions and his answer. That way you can review previous emails before asking a question another time or a third time.
A dissolution is a stressful process, however if you can follow the above advise by staying organized, informed, and documenting previous questions and answers, you will be able to significantly lower your attorney fees.
(1 votes, average: 5.00 out of 5) Loading ...How to lower Attorney Fees – Client’s perspective
John F. Hedrick, Colorado divorce attorney
1. Children – Losing time with your children is, in my opinion, the most devastating part of the dissolution process.   While, I could not imagine the stress and feeling of losing time with ones children.  I can tell you that if you are in the situation of going through a divorce, than you know the amount of stress that you and your children have been going through during the marriage.   The silver lining in all of this, is that the amount of time it takes to go through a divorce is relatively small and once you are in a better place in your own life your children will benefit.   While the quantity of time with your children will go down, the quality will go up dramatically.
2. Finances – To the higher earner in the marriage this is a touchy situation.  It is difficult to divide ones income and retirement with ones soon to be ex.  However, be thankful that you are in the situation to be able to divide and provide for your ex and children.   Also, depending on your age and situation, it will either be possible to regain these financial advantages that you once had or if you are of retirement age be thankful that you, in most cases, have successfully raised your children and provided a great youth and growing experience for them.
3.  Attorney Fees – No one likes paying their attorney fees or even worse the attorney fees of their ex.  An attorney provides you with much needed legal and emotional stability.  It is our job to provide you with all of your options and provide you with the “what ifs”.  However, it is still your life and your decision.  You should be open and honest with your attorney about your wants and desires so we are able to provide you with the best possible legal service and negotiate or litigate a favorable outcome on the items of which are most important to you.
Most important, give thanks that you are on the road to a happier and healthier life.
Happy Holidays!
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