Fayette County: Attorney Fees

I got to admit I like how Fayette County codifies its procedure on attorney fees.  Yes, this is how most courts go about awarding attorney fees but only some put the procedure where everyone can see and understand what is going on.  (For my experience in Grant County, take a look here.)

LR21-FL00-FL-11

FEES

Provisional attorney fees may be awarded based on evidence presented by way of Affidavit (or oral testimony if the Court shall allow) at the provisional hearing. Affidavits shall be admissible subject to cross examination. The following factors will be considered and should be included in any Affidavit submitted to the Court:  the number and the complexity of the issues (e.g. custody dispute, complex asset valuation; the nature and extent of discovery; the time reasonably necessary for the preparation for or the conduct of contested pendente life matters or final hearings. Other matters requiring substantial expenditure of attorney’s time; the amount counsel has received from all sources; and the ability of the opposing party to pay the requested fees and the disparity of income between the parties.

When the Court finds that attorney’s fees should be awarded, the Court may find as reasonable attorney fees an amount of up to Five Hundred Dollars ($500.00) for provisional attorney fees in a “basic/routine” Dissolution of Marriage case.

Appraisal or accounting fees may be awarded based on evidence presented by affidavit (or oral testimony if the Court shall allow) at a preliminary hearing. The following factors will be considered:  itemized list of property to be appraised or valued (e.g. Defined Benefit Pension, Business Real Estate, Furnishings, Vehicles, etc.); an estimate of the cost of the appraisals and the basis therefore; and the amount of a retainer required and the reason an expert is necessary.

There shall be a rebuttable presumption that attorney fees will be awarded to the prevailing party in all matters involving a contempt citation. An attorney may submit by affidavit (or oral testimony if allowed by the Court) along with an itemized statement his requested fee. Affidavits shall be admissible into evidence by the Court.

Final or interim attorneys fees may be awarded based on evidence presented by way of Affidavit (or oral testimony if allowed by the Court) at the final hearing or any interim hearing requested by either party. The same factors as set out above will be considered by the Court.