Attorney Fees Archives - Divorce Utah

Do I have a chance in divorce court without a lawyer? Do I really need one?

A chance? Sure. You have a chance. And you have a chance of winning the lottery, just not a very good chance of it. You may not want to read the rest of my answer because I am a lawyer,…

If losers pay winners’ attorney fees, why not hire the most expensive attorney?

April 23, 2020

Divorce Utah

Attorney Fees, Lawyer Fees, Legal System

civil suit, collection, fees, loser pays, reasonable, reasonable attorney fees, winner

If the losing side in a civil suit generally pays the winner’s attorney’s fees, why doesn’t everyone hire the most expensive attorneys? First, because the U.S. generally does not follow the “loser pays” rule. Some states have such rules, and…

What are some reasons for offering pro bono legal services?

March 24, 2020

Divorce Utah

Attorney Fees, Divorce Attorneys, Divorce Costs, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

pro bono, pro bono legal services, pro se

While I provide some pro bono assistance (but not exclusively), I don’t like providing most kinds of pro bono legal services. I know I’m not alone in feeling this way. Candidly, most pro bono clients in my experience ranked among…

2020 UT App 34 – Petrzelka v. Goodwin – alimony, income, retirement funds

2020 UT App 34 THE UTAH COURT OF APPEALS PEGGY PETRZELKA, Appellee, v. JAMES E. GOODWIN, Appellant. Opinion No. 20180923-CA Filed March 5, 2020 First District Court, Logan Department The Honorable Thomas Willmore No. 164100050 Ashley E. Bown, Attorney for…

What are you tired of explaining when it comes to lawyers?

December 17, 2019

Divorce Utah

Attorney Fees, Divorce Attorneys, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

clients, complaints, expense, explaining, fees, lawyers, protracted, time

Nothing. When I am tempted to feel irritated over the questions people ask about lawyers and legal matters, I remember that the questions–though recurring–aren’t being asked by the same person over and over again, but are coming from different people…

Is it normal for your attorney to ignore your calls or answer your questions?

December 12, 2019

Divorce Utah

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

concerns, divorce attorneys, divorce lawyers, emails, questions, respond, return calls, take calls, text messages

Is it normal for attorneys of a law firm who have taken on your case to never return your calls regarding any questions, concerns, or updates that you have regarding your case? For many lawyers and law firms, yes, shamefully…

How do you get legal help if no attorney wants your case?

November 27, 2019

Divorce Utah

Attorney Fees, Hiring a Divorce Lawyer, Uncategorized

attorney interest, legal help, more trouble than it's worth, outside the legal system, remedies, trouble, uninterested, unwilling

If an attorney tells you your case complex and not a big money suit, it means the lawyer feels it’s more trouble than it is worth, meaning that it’s at least more trouble than it is worth to the lawyer,…

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?” There are at least two long-established offices I know of that provide legal services to the poor, and that only…

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…