CALIFORNIA FAMILY LAW
...Attorney Fees
......Amount
.........Factors Considered
............Reasonable Value of Services
 17 Cards On This Topic:
  • Survey data used to determine paralegal's fees must be based on the relevant community, not a large geographical area.
  • The burden of proof governing fee motions.
  • A prima facie case as to the costs incurred and their reasonableness can be established by the plaintiff’s testimony that bills for the services were paid.
  • Declarations requesting awards of attorney's fees should contain enough specifics for court to be able to evaluate nature of services.
  • Privileged information contained in billing invoices submitted in support of an attorney's fees claim may be redacted.
  • There is no legal requirement to present billing statements to obtain an award of attorney's fees.
  • Severe reduction in atty fees justified where atty leavened fee request with noncompensable hours and vague, indecipherable billing statements, destroying its credibility.
  • Attorney must establish that requested award is reasonable value of services rendered.
  • Reasonable value of services need not bear direct relationship to number of hours expended.
  • Trial court abused its discretion in awarding attorney fees and costs without considering Fam. Code §2030 (a) ability to pay and reasonableness factors.
  • Attorney need not file declaration supporting fee request as evidence of reasonable value of services is necessarily before the court.
  • Trial judge may determine attorney fee award based upon own experience and observations in court.
  • Reasonable value of services need not bear a direct relationship to number of hours expended.
  • "No attorney should be paid a fee inconsistent with the work he has performed."
  • Court may rely on own experience and knowledge in determining reasonable value of services rendered.
  • W sought $25,000 in fees. Order of $7,500 affirmed. Court's opinion as to reasonable value of services not abuse of discretion.
  • Court must consider whether attorney's time was wisely devoted to resolution of case.


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