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Counsel fees for bad advice in divorce

Brooklyn, NY |

Spouses attorney advised against many reasonable settlements and trial judgment went against her and she is far worse off than any of my settlement proposals; now her attorney is making an application for attorney fees since I am the "monied spouse" (with no money). Will he prevail considering his client is worse off ?

Attorney Answers 4


  1. The factors you mention should be considered by the judge when determining the application for attorney's fees. That being said the judge should also consider other factors including but not limited to the nature and extent of the services rendered; the actual time spent; the necessity for the services; the nature of the issues involved; the professional standing of counsel, including background and experience; the financial circumstances of the spouses and customary fees charged by other attorneys for similar services. While it is possible the application may be denied, it is likely the fees requested will be reduced under your fact pattern.


  2. Consider that you will need to pay your lawyer to fight the application and try hard to get the amount reduced. Or consider trying to cut your losses and make an offer to settle. Talk to your lawyer about what might be reasonable and what your lawyer expects based on the facts. Good luck!


  3. There are many factors that go into an attorney few award after trial and yes the Court should take that into account. There are also many defenses that you have to this application as well. Speak with your lawyer and defend with that in mind.

    This for general information purposes only and should not be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


  4. Arguing that the adverse attorney did a bad job, so that you kept much more than she could have had after trial, is not going to help you in fending off attorneys fees. Such arguments are fodder and hypocritical in the eyes of a court.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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