Cliburn v. Sullivan
N/AOUTCOME: Father to pay 1/2 legal fees on son's death case..
Court held that Mother's attorney was solely responsible for the legal work leading up to the settlement. Neither Father or his attorney assisted in that endeavor; yet, Father benefitted from the legal ... services rendered by Mother's attorney. ...But for the legal services of Mother's attorney, there would have been no proceeds over which to fight. The dispute with Mother concerning Father's entitlement to share in the settlement proceeds that had already been obtained was distinct from the claim Mother pursued, with the aid of her attorney, for the wrongful death of the parties' son. Thus, the legal fees Father incurred did not pertain to the claim against the third party tortfeasor that was responsible for the wrongful death of his son; they only pertained to Father's legal entanglement with Mother, which was subsequent to the settlement of the wrongful death claim against the third party tortfeasor.
