CALIFORNIA FAMILY LAW
...Attorney Fees
......Between Attorney and Client
.........After Discharge by Client/Borson
12 Cards On This Topic:

After discharge of attorney in whose name a prior unpaid fee order was made, court may reallocate fee order with successor attorney.

W's attorneys properly moved for fees from H after they were discharged by W but prior to formal change.

Trial court did not err in taking into account atty.’s litigation conduct when reducing fee award to $39,000 as court based the award on the totality of the circumstances, and did not arbitrarily reduce the award as a sanction.

H properly ordered to pay W’s former attys fees pursuant to Borson motion filed before, but heard after, substitution filed.

W’s former attorneys entitled to post-judgment interest on fee order H offered to pay, but did not pay due to W’s objections.

Remedy of fired attorney was separate action against client rather than a motion in pending family proceeding.

Judge should not have relied on Commiss' findings re attorney fees, made after Commiss recused himself and without affording attorney opportunity to be heard per Borson order.

Attorney in dissolution action successfully made motion for fees after discharge.

No quantum meruit recovery unless voluntary withdrawal mandated by State Bar rules.

After discharge, attorney limited to quantum meruit recovery despite enforceable fee agreement with client.

Attorney may not request fees from court after discharge.

Fee order payable to attorney modifiable in event parties reconcile.