Tuesday, February 10, 2015
New Legal Issues with Payment of Attorney's Fees
I am in the process of working on a couple of new issues in payment of attorney's fees by a trial court. One is a domestic case and one is a non-domestic which are both on appeal. The issue is whether the court has the authority to order the payment of attorney's fees within a set time period as opposed to reducing the matter to judgment. The legal theory is that the court is circumventing the collection of judgments as provided by statute and thus there is no authority to order the payment of attorney's fees in a set time frame (i.e you shall by by x date or face contempt). From a preliminary look, it appears there is some rational and possible caselaw in doing this on domestic matters but nothing on non-domestic cases. Looks like may be time to find out what the law is going to be.