Attorney fee and Borson motion

[walkingbythesea]

I am in California. I have changed attorneys few times and have paid them a lot of money over my four years divorce. My husband has made a lot more money than I do. My current attorney said that I cannot ask for legal fees for the money I paid my former attorneys because they did not file a Borson motion. Is that correct? Majority of my attorney fees over four years are paid to my former attorneys. We are at final stage of this divorce. What can I do at this point?

[Bali Hai]

Originally Posted by walkingbythesea

I am in California. I have changed attorneys few times and have paid them a lot of money over my four years divorce. My husband has made a lot more money than I do. My current attorney said that I cannot ask for legal fees for the money I paid my former attorneys because they did not file a Borson motion. Is that correct? Majority of my attorney fees over four years are paid to my former attorneys. We are at final stage of this divorce. What can I do at this point?

Cut your losses and move on just like any man would!!

[seniorjudge]

Originally Posted by walkingbythesea

I am in California. I have changed attorneys few times and have paid them a lot of money over my four years divorce. My husband has made a lot more money than I do. My current attorney said that I cannot ask for legal fees for the money I paid my former attorneys because they did not file a Borson motion. Is that correct? Majority of my attorney fees over four years are paid to my former attorneys. We are at final stage of this divorce. What can I do at this point?

Wot's a Borson motion?

Sticking your hand out???

[mistoffolees]

Originally Posted by walkingbythesea

I am in California. I have changed attorneys few times and have paid them a lot of money over my four years divorce. My husband has made a lot more money than I do. My current attorney said that I cannot ask for legal fees for the money I paid my former attorneys because they did not file a Borson motion. Is that correct? Majority of my attorney fees over four years are paid to my former attorneys. We are at final stage of this divorce. What can I do at this point?

Go back to the previous attorneys and ask them to file a Borson motion so they can get paid? They'll quickly tell you if that's an option.

But why have you changed attorneys 'a few times'? Unless your attorney turns out to be a total horse's a##, it's usually better to stick with one attorney (sometimes it's better even if he IS an idiot). Even then, it's just not plausible that you got sequential idiots for attorneys and had to change 'a few times'. If I were the husband, I'd object to paying your attorneys fees by arguing that you artificially inflated the attorneys' expenses by regularly switching attorneys.

Further, there's no guarantee that you're going to collect legal fees even if you hadn't inflated them. My income was substantially higher than my ex's but the court ruled that we were each responsible for our own attorney's fees. From the people I've talked to, that's reasonably common unless one person has very low income.

[Bali Hai]

Originally Posted by mistoffolees

Go back to the previous attorneys and ask them to file a Borson motion so they can get paid? They'll quickly tell you if that's an option.

But why have you changed attorneys 'a few times'? Unless your attorney turns out to be a total horse's a##, it's usually better to stick with one attorney (sometimes it's better even if he IS an idiot). Even then, it's just not plausible that you got sequential idiots for attorneys and had to change 'a few times'. If I were the husband, I'd object to paying your attorneys fees by arguing that you artificially inflated the attorneys' expenses by regularly switching attorneys.

Further, there's no guarantee that you're going to collect legal fees even if you hadn't inflated them. My income was substantially higher than my ex's but the court ruled that we were each responsible for our own attorney's fees. From the people I've talked to, that's reasonably common unless one person has very low income.

I'll let you in on a little secret: In CA, FL and NY, the woman is used to getting what she WANTS no matter how rediculous her demands are!!

[mistoffolees]

Originally Posted by Bali Hai

I'll let you in on a little secret: In CA, FL and NY, the woman is used to getting what she WANTS no matter how rediculous her demands are!!

Just in case anyone is reading this and tempted to take it seriously, that is, of course, absurd.

[SanDiegoLDA]

If your attorney is getting you ready for trial, you should request that he ask for attorney fees to be heard as one of the issues. As another person posted, there is no guarantee that they will get paid; however, from my experience, the spouse that is the high wage earner generally has to contribute to fees and costs because of their ability. Normally, attorney fees and costs are requested by the lower earner during each OSC as the case goes on? I don't know that a Borson Motion is required by prior counsel when it comes to fees and costs. I think the Motion is for the security and protection of fees by the former attorney.

This is not to be interpreted as legal advise. The comments in this post is based on personal opinions.

[SingleAZdad]

Originally Posted by mistoffolees

Just in case anyone is reading this and tempted to take it seriously, that is, of course, absurd.

I agree 100% with BALI - add Arizona to your list BH.

Regarding Attorney Fees - the court is supposed to take into account the relative position of each party when determining whether the higher wage earner is liable for the damages.