Articles
Articles in the ‘Attorney Fees’ Category
Court’s Equitable Power to Disregard Attorney Fee Charging Lien
The Appellate Division affirmed the trial court’s determination to use most of the funds available for equitable distribution to set up a college fund for the children even though it meant the charging lien imposed by the parties’ former attorneys would be disregarded and the lawyers might not get paid the full fee due under the lien Sauro v. Sauro and Budd Larner. P.C., N.J. Super. (App. Div. 2012); New Jersey App. Div., May 14, 2012
Awarding Attorney Fees
The Appellate Division reversed the trial court awarding $1000.00 counsel fee being inadequate. The former husband owned a $1 million home with a tennis court and swimming pool, drove a Mercedes Benz having a monthly car payment in excess of $800.00, had his own business, had reported annual income of $200,000.00 and failed to fulfill his alimony and child support obligations. The trial court abused its discretion limiting the counsel fee award to the former wife’s attorneys in the sum of $1000.00. Bello v. Bello, New Jersey App. Div., April 1, 2011
Award of Attorney Fees Left to Court’s Discretion
This case illustrates the deference given by the Appellate Division to the trial court awarding counsel fees to a litigant who was subject to inappropriate litigiousness at the hands of the other party. Pollack v. Pollack, New Jersey App. Div., February 22, 2011
Trial Court Had No Authority to Cap Attorney Fees
The law firm entered into a written retainer agreement to represent the wife in her divorce action. The agreement complied with the court rules. The wife had no issue with the fees charged. Yet the trial court on its own initiative capped the fee at $50,000.00. The law firm filed an appeal. The Appellate Division reversed. McClutchy. v. McClutchy, New Jersey App. Div., November 30, 2010
