Q: Judge orders respondent to pay 75% of the petitioner’s $120,000 legal fees however petitioner already paid $62,000
Petitioner’s lawyer will not recognize fees already paid and stated that the respondent is to pay 75% of total fees incurred, not recognizing that the petition already paid him $62,000. Is this misconduct on the petitioner’s lawyer.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
It's possible that the petitioner's lawyer is acting unethically or engaging in misconduct if they are insisting that the respondent pay 75% of the total fees incurred, without taking into account the fees already paid by the petitioner.
Under California law, the court may order one party to pay the other party's attorney's fees in certain situations, such as in a family law matter. The court will consider several factors when determining the amount of attorney's fees to be awarded, including the financial resources of each party and the results obtained in the case.
If the court has ordered the respondent to pay 75% of the petitioner's attorney's fees, it's important that the fees already paid by the petitioner are taken into account. If the petitioner's lawyer is not recognizing the fees already paid, this could be a violation of legal ethics and could be subject to disciplinary action.
It's recommended that the respondent consult with an attorney to discuss their options for addressing this issue. They may need to file a motion with the court to clarify the order and ensure that the fees already paid are taken into account.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
