Legal Question in Appeals and Writs in California

when my wife filed for divorce when it was all over and said i prevailed in the lower court. My wife appealed that decision and i prevailed in the appeal also. My nquestion is sense i prevailed in the appeal is it not possible that my wifes atty. can be held responsible to pay my appealate atty. fees? And if so I was told I have bonly 40 days to do tjhis


Asked on 7/13/12, 1:28 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

American courts generally don't make the losing party pay the winning party's attorney fees, but what you're asking for is far more extreme -- you want the losing party's *lawyer* to pay those fees instead. That might be justifiable if the lawyer committed some rather extreme misconduct. You haven't said anything to suggest that this is what happened. All you have said is that you won and your ex lost. That's not remotely good enough.

The rules about who can recover attorney fees in family law cases are somewhat different from those in other cases, but not different enough to leave your ex's lawyer on the hook. You may be able to recover your fees from your ex directly if she is much wealthier than you. Or she may be able to recover hers if you are wealthier, even though she lost. Much will depend upon whether such requests have already been made, as well as upon when and by which party.

You should discuss your situation in detail with the lawyer who represented you on appeal instead of asking lawyers like us who have no knowledge of your case.

Good luck.

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Answered on 7/13/12, 2:12 pm
James Goff James R. Goff, Attorney at Law

Notwithstanding the earlier response, once the remittitur is filed by the appellate court with the trial court giving the latter jurisdiction you have to file a cost bill with the trial court seeking reimbursement of costs on appeal. These costs don't usually include attorneys fees unless attorneys fees were ordered by either the trial court or the appellate court. Otherwise I concur with Mr. Hoffman's assessment of the difficulties of analyzing a situation without having access to the record. Good luck.

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Answered on 7/13/12, 3:55 pm


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