Lawyer Fees
Lawyer fees can be a big concern, but there may be cases where the other party pays for them. § 2030-2034 lists the codes governing attorneys' fees and costs. In some cases, if one party represents themselves, a judge can order the other party to pay a lawyer to represent them and maintain a fair trial. Ideally, the court is looking for a significant discrepancy on the merits between the two parties. Breaches of fiduciary duties between spouses may also constitute an award. Additionally, in some types of cases, the court may appoint an attorney. It is best to speak with the attorney representing you to learn more about how this code might apply to your case.
Who can obtain attorney fees?
You probably remember watching a movie where the characters talked about the winning party paying their attorney’s fees. This is not the case in family law. Code 2030 says that ‘need-based fees’ are respective to the ‘income and needs’ of the parties. There is no such thing in family law where only the winner can ask the other party to pay his bill. Anyone can ask the court to have the other party pay his or her attorney’s fees. Getting the order granted will depend on many different factors. It is best to ask your attorney for more help understanding this concept.
What if I need a lawyer, but I can’t pay for one up front?
The family code provides that we can request attorneys’ fees at any time during the pendency of the action. It is best toContact usto discuss your options.
Family courts must ensure that the litigating strengths of the parties are relatively equal.
Only a party to the action has the right to seek a need-based award of fees and costs under Family Code §§ 2030/2032, and only if reasonably necessary for the maintenance or defense of that party’s action. . Family Code § 2030 awards are supposed to ensure that the parties are in positions of relatively equal litigation strengths in light of their respective “incomes and needs” and their respective abilities to pay for legal representation.
What does the court look at in determining the award of attorney fees?
When a section 2030 need-based request for fees and costs is made, the court “shall make findings” as follows [Family Code §2030(a)(2)]:
- Is the award of attorneys’ fees and costs appropriate?
- If there is a “disparity in access to funds to hire an attorney”
- ”If one of the parties can pay for legal representation of both parties”
While these are the listed laws governing the award of attorney fees, denial or granting of the request is not always guaranteed. It is always best to seek the advice of a well-trained professional.
How much will I receive for my fees?
§2032 notes that in determining a needs-based award, the court must consider what is “just and reasonable” under the “relative circumstances” of the parties and must base its determination on the relative incomes and needs of the parties, and “any factor affecting their respective abilities. Attorney’s fees, if awarded, are based on the circumstances of the situation to a reasonable extent. To put it as an example, the fact that your spouse earns one million dollars a year does not mean that you will receive fifty thousand dollars for your attorney’s fees.
What if I represented myself when the case was opened?
There is no requirement that a needy party has already incurred an attorney fee obligation. To ensure parity in litigation strengths, by finding,
- a disparity in access to funds to hire a lawyer
- one party may pay for legal representation for both parties,
- an unrepresented party
the court appropriately awards attorney’s fees to allow you to retain counsel promptly before the proceeding proceeds (§2030(a)(2)).
What to do next.
If you are struggling, or believe you may be eligible for attorneys’ fees, or if your spouse can reasonably pay both attorneys’ fees, please feel free tocontactour office with over 20 years of experience so we can help you with your Orange County legal matter.