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Attorney Fees

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If you give a divorce lawyer a retainer on a divorce and then change your mind within a few days, are they obligated to return the retainer?

November 30, 2022

Attorney Fees, Divorce Attorneys, Finances, Firing a Divorce Lawyer, Lawyer Fees

divorce, lawyer, retainer

While I cannot speak for all jurisdictions and for all situations, generally an attorney to whom you have paid a retainer or advance deposit is obligated to return the unearned portion of that retainer/deposit if you terminate that attorney’s services,…

Fox v. Fox 2022 UT App 88 – alimony

Fox v. Fox 2022 UT App 88 THE UTAH COURT OF APPEALS DIANN SHERI FOX, Appellant, v. BENJAMIN DAVIS FOX, Appellee. Opinion No. 20200949-CA Filed July 14, 2022 Fifth District Court, St. George Department The Honorable Matthew L. Bell No.…

Nix v. Nix – 2022 UT App 83- insufficient evidence of adultery

2022 UT App 83 THE UTAH COURT OF APPEALS JILL NIX, Appellee, v. ROLAND COMPTON NIX JR., Appellant. Opinion No. 20200691-CA Filed June 30, 2022 Fourth District Court, Provo Department The Honorable Darold J. McDade No. 174402122 Seth D. Needs,…

Erickson v. Erickson – 2022 UT App 27

THE UTAH COURT OF APPEALS DEAN ERICKSON, Appellee, v. JANICE ERICKSON, Appellant. Opinion No. 20200193-CA Filed March 3, 2022 Third District Court, Salt Lake Department The Honorable Todd M. Shaughnessy No. 174901105 Albert N. Pranno, Attorney for Appellant Jordan M.…

Hinds v Hinds-Holm – 2022 UT App 13 – child custody award factors

Hinds v Hinds-Holm – 2022 UT App 13 THE UTAH COURT OF APPEALS BRADLEY HINDS, Appellee, v. RACHEL HINDS-HOLM, Appellant. Opinion No. 20200586-CA Filed January 27, 2022 Third District Court, Salt Lake Department The Honorable James T. Blanch No. 174905091…

Wadsworth v. Wadsworth – 2022 UT App 5 – marital estate

January 17, 2022

Alimony and Support, Appeal, Assets/Debt/Property, Attorney Fees, Business Interests, Business Valuation, Coping With Divorce, Court Orders, Court Rules, Division of Marital Property, Divorce, Divorce and Taxes, Divorce Attorneys, Divorce Causes, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equity, Evidence, Expert Witnesses, Extramarital affairs/Adultery, Family Law, Finances, Findings of Fact and Conclusions of Law, Husband's or Wife's Business, Infidelity, Judges, Justice and Equity, Lawyer Fees, Legal System, Marital Debts, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Modification of Alimony, Modification of Decree of Divorce, Personal Property, Procedure and Evidence, Property Division, Real Estate/Real Property, Spousal Support, Spouse's Business, Taxation, Utah Code, Utah Court of Appeals Decisions, Utah Law, Valuation, Women's Divorce Issues

appellate case, appellate decision, court of appeals, divorce law, family law, Utah Court of Appeals

2022 UT App 5 THE UTAH COURT OF APPEALS CANDI WADSWORTH, Appellant, v. GUY L. WADSWORTH, Appellee. Opinion No. 20190106-CA No. 20200430-CA Filed January 13, 2022 Third District Court, Salt Lake Department The Honorable Su Chon No. 104904966 Michael D.…

T.W. v. S.A. – 2021 UT App 132 – child custody

January 14, 2022

Alimony and Support, Amicable Divorce, Annulment of Marriage, Antenuptial Agreements, Appeal, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Business Interests, Business Valuation, Child Abuse, Child Care Costs, Child Care/Surrogate Care, Child Custody, Child Custody Modification, Child Neglect, Child Protective Order, Child Protective Services, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Civil Stalking, Civil Stalking Injunction, Co-parenting, Cohabitation, Common Law Marriage, Contempt of Court, Coping With Divorce, Court Orders, Court Rules, Custodial Interference, Custody, Custody Evaluation, Daycare, Debts, Dirty Tricks, Discovery, Division of Child and Family Services (DCFS), Division of Marital Property, Divorce, Divorce and Taxes, Divorce Attorneys, Divorce Causes, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Utah, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

appellate courts, child custody, child custody arrangement, child custody award, court decisions, custody, Utah Court of Appeals, Utah law

2021 UT App 132 THE UTAH COURT OF APPEALS T.W., Appellant, v. S.A., Appellee. Opinion No. 20200397-CA Filed November 26, 2021 Third District Court, West Jordan Department The Honorable Dianna Gibson No. 134401457 David Pedrazas, Attorney for Appellant Laja K.…

Does greed also have a role in most divorce cases?

December 3, 2021

Alimony and Support, Attorney Fees, Divorce, Divorce Fears, Divorce Law, Family Law, Finances, Hiring a Divorce Lawyer, Preparing for Divorce, Uncategorized

alimony, alimony payment, divorce, divorce fears, divorce finance, finance, greed

In my experience, yes, in most cases. Not all cases, but most cases. And there are varying degrees of greed reflected in the way people approach their divorce cases. Some people get a little greedy (a greed born of fear…

How to Avoid Hiring the Wrong Divorce Lawyer

November 1, 2021

Attorney Fees, Divorce, Divorce Attorneys, Divorce Costs, Divorce Law, Divorce Lawyers, Family Law, Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Lawyer Fees

costs, divorce, divorce costs, divorce lawyer, family lawyer, firing, hiring

So you’ve paid your divorce attorney $10,000 or so, it’s been 6 months, and essentially nothing’s getting done. What went wrong? It could be many things. If you have a bad lawyer (and that’s highly possible) you have my sympathies.…

How do I best grab the attention of an attorney regarding a child custody case that is unusual, difficult, and I need help?

September 17, 2021

Attorney Fees, Divorce, Divorce Attorneys, Divorce Costs, Divorce Law, Divorce Lawyers, Family Law, Hiring a Divorce Lawyer, Lawyer Fees, Lawyers, Uncategorized

attorney fees, divorce law, family law, law practice, lawyer fees, unique case, unique circumstances

With money. And enough money to prove you can afford to pay the attorney to do the job well. Enough money to make the job worthwhile for the lawyer. That’s not just the best way, it’s effectively the only way.…

What questions do people ask about divorce?

The FIRST questions most frequently asked of me are: “How much can I expect it to cost me in total to get a divorce?” “What is your hourly rate?” “What is your retainer amount?” “If my spouse and I agree…

How long will an attorney work on your case if you can’t afford to pay them any more? This would be for a divorce, and they start to realize that they’re not going to get money from the other spouse.

September 1, 2021

Attorney Fees, Debts, Divorce Attorneys, Divorce Costs, Divorce Lawyers, Lawyer Fees, Lawyers

attorney fees, divorce attorneys, divorce costs, law, lawyer fees, legal fees, pro bono

Good question. It depends mostly upon whether your attorney has a big heart and/or no head for business. Generally, an attorney who takes your case without being paid as he/she goes but defers payment in the hope that he/she will…

How long will an attorney work on your case if you can’t afford to pay them any more? This would be for a divorce and they start to realize that they’re not going to get money from the other spouse.

It depends mostly upon whether your attorney has a big heart and/or no head for business. Generally, an attorney who takes your case without being paid as he/she goes, but defers payment in the hope that he/she will be paid…

How do I get free legal advice from a family law attorney on the custody of my 2 nieces?

In my experience, free legal advice is worth what you pay for it, but I understand that there are some (even many) who simply cannot afford an attorney (or believe they can’t) who need legal advice or assistance. There are…

In what ways do pro-bono cases help attorneys and law firms?

August 3, 2021

Attorney Fees, Divorce, Divorce Attorneys, Divorce Costs, Divorce Law, Divorce Lawyers, Family Law, Lawyer Fees, Lawyers, Legal System

divorce law, family law, lawyers, legal practice, pro bono

There are some great answers in this thread already. I hope that adding my two cents’ worth is informative too. I am a divorce and family lawyer. With rare exception (too rare to make pro bono something I do not…

2021 UT App 77 – Miner v. Miner – alimony, attorney fees

2021 UT App 77 THE UTAH COURT OF APPEALS LISA P. MINER, Appellee, JOHN E. MINER, Appellant. Opinion No. 20200098-CA Filed July 15, 2021 Fifth District Court, St. George Department The Honorable Jeffrey C. Wilcox No. 174500373 …

The Utah courthouses will be re-opening soon. Don’t go back!

With the COVID-19 crisis essentially behind us now (please don’t start on the Delta variant) the Utah courts are re-opening the courthouses. And there’s nothing wrong with that . . . unless the gains and improvements that COVID-19 forced us…

Nakkina v. Mahanthi – 2021 UT App 63 – joint equal custody, marital property, attorney fees

July 2, 2021

Appeal, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Child Custody, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custody, Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equity, Evidence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Physical Custody, Judges, Justice and Equity, Lawyer Fees, Legal System, Marital Estate, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Parental Fitness, Parental Rights, Parenting Plan, Personal Property, Physical Custody, Preparing for Divorce, Property Division, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

attorney's fees award, interspousal gifts, joint equal physical custody, joint parent-time, joint physical custody, marital property, Nakkina v. Mahanthi - 2021 UT App 63, Utah Court of Appeals

Nakkina v. Mahanthi – 2021 UT App 63 THE UTAH COURT OF APPEALS SIREESHA NAKKINA, Appellee, v. PRODEEP KUMAR MAHANTHI, Appellant. Opinion No. 20190750-CA Filed June 17, 2021 Third District Court, Salt Lake Department The Honorable Barry G. Lawrence No.…

Who are the family law attorneys who offer services at a big discount?

With rare exception, the family law attorneys who offer services at a big discount are either 1) incompetent and inept attorneys or 2) attorneys whose source of income or main source of income does not come from paying clients. Attorneys…

Did you ever go to court and realize for the judges and attorneys it’s kind of all a big game?

Yes, in my experience, there are aspects of the legal system and the practice of law that some lawyers and judges see and treat as a game. You see lawyers and judges who observe, regularly that “that lawyer/that judge did…

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