what happens at a motion for attorney fees

In contrast, a motion for attorney’s fees is filed in the appellate court. Then, if the appellate court awards attorney’s fees, the party entitled to the fees generally has to file a motion in the trial court to determine the amount of the fees.

Full Answer

Do I need an attorney to file a motion?

Attorney’s fees are affected by rules covering many types of claims. (e.g., Code of Civ. Proc., § 425.16(c) (“a prevailing defendant on [an anti-SLAPP motion] shall be entitled to recover his or her attorney's fees and costs.”); Cal. Civil Code § 1717 (attorney’s fees on any action on a contract); Ketchum v. Moses (2001) 24 Cal.4th 1122, 1141 (in FEHA matters, “fees recoverable...

How to ask court for attorney fees?

Jan 24, 2005 · This motion will be made on the ground that VAN ELK is the prevailing party in an action brought for the nonpayment of wages within the meaning of California Labor Code Section 218.5, and on the further ground that VAN ELK has paid, or has incurred liability for, attorney fees and costs to Muzi & Associates in connection with defending its claim against Plaintiffs, which …

How do I file a motion in court without an attorney?

Motion for Attorney Fees and Costs. Title Name Subject Matter Procedural Posture Last Updated ; ICEM S.P.A. v. Harvey Industries, et al: District of Massachusetts : Diversity, Personal Injury/Wrongful Death : Motion for Attorney Fees and Costs ...

How does court determine attorney fees?

Dec 14, 2013 · Rule 4.27 states that the sum of $350 per hearing conducted and/or prepared for and up to $1,000 in divorce, legal separation, annulment, appeal, and custody proceedings is a “reasonable” award of attorney fees. I would argue that the Court’s opinion of “reasonable” attorney fees is seriously “outdated” and “behind the times”!

How To Obtain Reasonable Attorney Fees At The End Of A Domestic Relations Case

In my last Family Law Blog Article posted on October 12, 2013, I discussed how to obtain interim attorney fees at the outset of a domestic relations case. With this article, I shall address how to obtain reasonable attorney fees at the end of a domestic relations matter.

Local Rule entitles Award of Attorney Fees

In my last Family Law Blog Article posted on October 12, 2013, I discussed how to obtain interim attorney fees at the outset of a domestic relations case. With this article, I shall address how to obtain reasonable attorney fees at the end of a domestic relations matter.

Herb Fox

Please see my response to your other, related question. The answer is that the prevailing party can, and in the absence of a stipulation between the parties must, file an attorney fee motion even if an appeal is pending. See Rule of Court 3.1702.

Frank Wei-Hong Chen

No, not likely proper. In California, when a civil appeal is filed, the trial court's jursidiction is severely limited. Generally, the taking of an appeal deprives the trial court of jurisdiction. (Gold v. Superior Court of Marin County (1970) 3 Cal 3d 275. )#N#“The purpose of CCP Section 916 (a), depriving the trial court of jurisdiction in a...

Timothy Charles Riley

Mr. Fox is spot on. Been there myself and had to bring fee motion under Civil Code 1717 even though appeal was filed. In fact I don't the judgment is final until costs have been ruled upon -- including fees to prevailing party.

Do attorneys charge flat fees?

Attorneys are more willing to offer flat rates on well-defined tasks like basic contracts, uncontested divorce, and forming business entities. Flat rate legal fees are usually not an option for lawsuits and other more complex tasks that can quickly expand in scope .

What are the expenses of a lawyer?

Clients may also be responsible for paying some of the attorney or law firm’s expenses including: 1 Travel expenses like transportation, food, and lodging; 2 Mail costs, particularly for packages sent return receipt requested, certified, etc; 3 Administrative costs like the paralegal or secretary work.

What is flat rate legal fees?

Flat rate legal fees are when an attorney charges a flat rate for a set legal task. The fee is the same regardless of the number of hours spent or the outcome of the case. Flat rates are increasingly popular and more and more attorneys are willing to offer them to clients.

Why do attorneys get smaller cut?

For example, the attorney will usually obtain a smaller cut if a settlement was reached before trial – because less time and expense was expended – than if the case goes to trial. When contingency fees are used the fees and costs of the suit are often deducted from the monetary recovery before the percentage is taken.

What is contingency fee?

Contingency fees are only utilized where there is a dispute, otherwise there would be no objective way to determine whether the attorney had been successful. Contingency fees are most commonly available in automobile accident cases, medical malpractice cases, and debt collection cases.

Do attorneys have to be reasonable?

Attorneys typically have great discretion in deciding on what their fees will be. In most states and under ethical rules governing attorneys, the fees only need to be “reasonable.”. There is no black and white test for what is reasonable, instead a number of factors are considered.

How much does a retainer agreement cost?

A retainer agreement is an agreement under which the client agrees to pay the attorney a large sum up-front, usually ranging from $2,000 - $10,000 as essentially security for future payments.