Attorney Fees Archives - Divorce Utah

Can I ask a lawyer, “Would you elaborate your legal fees?”?

Of course you can ask the attorney to explain the basis for his/her legal fees and services pricing. Any attorney worth his/her salt and who has the requisite amount of humility and empathy will be willing to provide you with…

Has the ability of lawyers to advertise been beneficial to our legal system?

August 27, 2019

Divorce Utah

Attorney Fees, Dirty Tricks, Divorce Lawyers, Hiring a Divorce Lawyer

advertise, aware, bad taste, beneficial, benefits, cheesy, detriments, easier, false, free market, help, lawyers, lawyers’ services, legal system, misleading, standard

Unquestionably, yes. Now don’t misunderstand me. When I say that the ability of lawyers to advertise has been unquestionably beneficial to our legal system, that does not mean I’m saying it has been nothing but beneficial to our legal system.…

“Anyone know of a low cost or pro bono lawyer that can help me in my divorce and custody case?”

August 23, 2019

Divorce Utah

Attorney Fees, Divorce Attorneys, Divorce Costs

divorce, free attorneys, free lawyers, low cost attorneys, low cost lawyers, pro bono attorneys, pro bono lawyers

“Anyone know of a low cost or pro bono lawyer that can help me in my divorce and custody case?” I get this question so often. Don’t hate me for this, but it really annoys me. Don’t get me wrong.…

Martin v. Kristensen – 2019 UT App 127 – divorce and unlawful detainer

Martin v. Kristensen – 2019 UT App 127 THE UTAH COURT OF APPEALS YVONNE MARTIN, Appellant, v. PETTER KRISTENSEN AND FRANK O. KRISTENSEN, Appellees. Opinion No. 20160265-CA Filed July 26, 2019 Third District Court, Salt Lake Department The Honorable Todd…

How can lawyers justify defending the guilty?

July 16, 2019

Divorce Utah

Attorney Fees, Dirty Tricks

constitution, constitutional rights, defending the guilty, presumption of innocence, right to counsel, right to remain innocent

How can lawyers put aside their consciences and defend heinous criminals effectively? First, criminal defense attorney’s need not “put aside their consciences” to defend a criminal (accused or otherwise). There are four ways (starting with the best reasons and working…

Eberhard v. Eberhard – 2019 UT App 114 – modification of alimony

2019 UT App 114 THE UTAH COURT OF APPEALS TODD EBERHARD, Appellant, v. LORI ANN EBERHARD, Appellee. Opinion No. 20170721-CA Filed June 27, 2019 Third District Court, Salt Lake Department The Honorable Paige Petersen No. 024906303 David Pedrazas, Attorney for…

Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support

July 3, 2019

Divorce Utah

Attorney Fees, Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Children in Divorce, Co-parenting, Custody, Custody Evaluation, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Relations Commissioners, Expert Witnesses, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Modification of Child Custody, Modification of Parent-time, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Procedure and Evidence, Relocation, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law

2018, 2018 UT App 65, amended decree, April 12, attorney fees on appeal, change elementary schools, commuting by car, custody evaluation, custody evaluator, final say, friends, income imputed, joint physical and legal custody, Judge Richard D. McKelvie, jurisdiction is limited, Margaret S. Edwards Attorney for Appellant, modification of parent-time, modifying child custody, motion for new trial, newly discovered evidence, No. 104901246, not in child’s best interest, notice of appeal, Office of Recovery Services (ORS), Opinion Nos. 20150577-CA and 20160236-CA, past-due child support, petition to modify custody, primary custodial parent, Pulham v. Kirsling, routine, rule 59(a) Utah Rules of Civil Procedure, Steve S. Christensen and Clinton R. Brimhall Attorneys for Appellee, substantial and material change in circumstances, surroundings, Third District Court Salt Lake Department, unnecessary adjustment, Utah Code section 30-3-35, Utah Court of Appeals

Pulham v. Kirsling – 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third District Court, Salt Lake Department The Honorable Richard D. McKelvie…

Have you ever told a client he/she would be better off settling a case, only for the client to take the case to trial anyway?

June 6, 2019

Divorce Utah

Attorney Fees, Coping With Divorce, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

reward, risk, second opinion, settle, settlement, third opinion, trial

Yes, and most of the time when a client decides to take a case to trial over a client’s advice the client does worse than he/she would have if he/she had taken the settlement offer. But not always. Which is…

If one spouse insists on divorce, shouldn’t he/she pay all legal fees?

April 24, 2019

Divorce Utah

Attorney Fees, Lawyer Fees

§ 78B-5-825. Attorney fees--Award where action or defense in bad faith--Exceptions., attorney and witness fees, court costs, court fees, legal expenses, legal fees, litigation costs, Utah Code § 30-3-3. Award of costs

Not necessarily “wrong,” but rather unlikely (not impossible, but unlikely, but read on to see what exceptions may apply). It may be reasonable of you to argue to the court that since you did not want a divorce (and presumably…

What Legal Research Is and Why It’s Important to Your Case

April 9, 2019

Divorce Utah

Attorney Fees, Divorce Preparedness, Lawyer Fees, Utah Code, Utah Court of Appeals Decisions, Utah Supreme Court Decisions

appellate court, application, apply, case law, cases, construction, decisions construe, legal research, statutes, Utah code

Most clients have no idea how much work takes place behind the scenes at most law firms. More than the copious phone calls, emails and text messages back and forth to opposing counsel/parties. Planning, research, evidence gathering, document drafting, court…

Doing the Work on Your Case Is Hard, and You Must Help Do It

April 8, 2019

Divorce Utah

Attorney Fees, Discovery, Divorce Fears, Divorce Mistakes, Divorce Preparedness

do the work, lazy, procrastinate, procrastination

Doing the Work on Your Case Is Hard, and the Client Must Help Do It By Phillip Aguirre, Paralegal Believe it or not, even though you hire a lawyer, that does not mean that you are off the hook when…

Marroquin v. Marroquin – 2019 UT App 38 – business valuation, findings

Marroquin v Marroquin – 2019 UT App 38 THE UTAH COURT OF APPEALS HEATHER MARROQUIN, Appellant, v. RENSON AMILICAR MARROQUIN, Appellee. Opinion No. 20170454-CA Filed March 14, 2019 Third District Court, Salt Lake Department The Honorable Robert P. Faust No.…

A real client’s questions about divorce settlement and mediation

Here is a real client’s questions about divorce settlement and mediation. Don’t worry, I’ve removed the names and changed out the details to protect confidentiality. This client asked a lot of questions that frequently come up, so the client’s e-mail…

Hartvigsen v. Hartvigsen – 2018 UT App 238 – alimony, marital property

2018 UT App 238 THE UTAH COURT OF APPEALS DANIELLE MARIE HARTVIGSEN, Appellant, v. RICHARD MYERS HARTVIGSEN, Appellee. Opinion No. 20160069-CA Filed December 28, 2018 Fourth District Court, Provo Department The Honorable Lynn W. Davis No. 064402132 Danielle Marie Hartvigsen,…

Widdison v. Kirkham – 2018 UT App 205 – contempt, attorney’s fees

November 6, 2018

Divorce Utah

Attorney Fees, Divorce Law, Divorce Lawyers, Divorce Mistakes, Uncategorized

2018 UT App 205. contempt, attorney's fees, Widdison v. Kirkham

2018 UT App 205 THE UTAH COURT OF APPEALS JAMIE WIDDISON, Appellee, v. JANAE A. KIRKHAM, Appellant. Opinion No. 20160961-CA Filed November 1, 2018 Third District Court, Salt Lake Department The Honorable Paige Petersen No. 034903241 Larry A. Kirkham, Attorney…

Erickson v. Erickson-2018 UT App 184-modifying child custody/parent-time-discovery-expert witness-child testimony-attorney fees

Erickson v. Erickson – 2018 UT App 184 THE UTAH COURT OF APPEALS KIT RICHARD ERICKSON, Appellant, v. SHANDI ERICKSON, Appellee. Opinion No. 20170100-CA Filed September 27, 2018 Third District Court, West Jordan Department The Honorable L. Douglas Hogan No.…

Why do divorces take so long to finish?

September 26, 2018

Divorce Utah

Assets/Debt/Property, Attorney Fees, Child Custody, Coping With Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure

Here are the reasons, as I see them, why too many divorce cases cost so much and take so long to finish (in no particular order): 1. Many (heck, no point in sugarcoating it: most) divorce lawyers are, nowadays, more…

Why are divorce attorneys so expensive?

August 2, 2018

Divorce Utah

Attorney Fees, Dirty Tricks, Divorce Attorneys, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

disappointing, disappointment, divorce attorneys, divorce lawyers, enjoyment, expensive, joy, perception, useful, utility, value, worth

Why are divorce attorneys so expensive? Because we divorce lawyers (I am a divorce lawyer) generally disappoint the people they serve. Some causes of the disappointment are the lawyer’s fault, some causes are the client’s fault. Lawyers disappoint so easily…

There is no cheap or free legal services shortcut

July 9, 2018

Divorce Utah

Attorney Fees, Divorce Costs, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Lawyer Fees

cheap, delusion, free, legal services, self-deception, shortcut

“There are two ways to be fooled. One is to believe what isn’t true; the other is to refuse to believe what is true.” ― Søren Kierkegaard “A great deal of intelligence can be invested in ignorance when the need…

2018 UT App 130 – Bergmann v. Bergmann – prenuptial agreements

June 30, 2018

Divorce Utah

Attorney Fees, Divorce Costs, Divorce Law, Prenuptial Agreements, Utah Court of Appeals, Utah Court of Appeals Decisions

mutual mistake, premarital agreements, prenutpial agreements

2018 UT App 130 – Bergmann v. Bergmann THE UTAH COURT OF APPEALS KAREN BERGMANN, Appellee, v. EUGENE D. BERGMANN, Appellant. Opinion No. 20160217-CA – Filed June 28, 2018 Fourth District Court, Provo Department – The Honorable James R. Taylor…