An attorney’s itemized statement of time spent on a case can be a valuable piece of information for an opposing party and that party’s attorney. Knowing what work the other party’s attorney has done can provide insight into that party’s strategy and focus. That is why an attorney’s billing records are considered privileged material, not [...]
Archive for the ‘Attorney’s Fees’ Category
South Carolina appellate courts continue to interpret cohabitation to terminate alimony narrowly in favor of supported spouses; failing to challenge fee affidavit fatal to claim that fee award of $126,797.30 was excessive
The March 16, 2011 Court of Appeals opinion in Biggins v. Burdette, 392 S.C. 241, 708 S.E.2d 237 (Ct.App. 2011), continues the trend of the South Carolina appellate courts to interpret “cohabitation” strictly against an obligor seeking to terminate alimony. South Carolina law terminates alimony “upon the … continued cohabitation of the supported spouse…” S.C. Code Ann. [...]
Maybe we’re taking the deference to the family court judge’s credibility determinations too far?
The February 23, 2011 Court of Appeals opinion in Reiss v. Reiss, 392 S.C. 198, 708 S.E.2d 799 (Ct.App 2011) makes me question whether the appellate courts are taking the deference to family court judge’s credibility findings too far. In Reiss, Husband got beaten miserably at trial and he didn’t obtain any relief from this appeal. [...]
Andrew Michael Myers is one husband who definitely needed a prenup
In the history of South Carolina husbands who wish they had a prenup, I bet there are few with more justification for this feeling than Andrew Michael Myers. The January 19, 2011 Court of Appeals opinion Myers v. Myers, 391 S.C. 308, 705 S.E.2d 86 (Ct. App. 2011), provides some fascinating views of South Carolina’s contemporary divorce jurisprudence. [...]
Another method for mediators to collect attorney fees for time they spend collecting their mediator fees
Yesterday, I blogged on how mediators (and guardians) might collect fees for the time they spend as an attorney collecting the fees they earn as a mediator (or guardian): Collecting fees as the mediator or guardian. Today a colleague (who wishes to remain anonymous because he will soon be presenting this information in greatly expanded form [...]
Collecting fees as the mediator or guardian
For attorneys who also act as mediators or guardians ad litem, many family court judges’ interpretation of Calhoun v. Calhoun, 331 S.C. 157, 164-65, 501 S.E.2d 735 (Ct.App. 1998) can cause problems. In Calhoun, Sally Calhoun, a family law attorney, sought fees at trial for the time she spent representing herself pro se. She argued [...]
Lessons in imputed income from the Court of Appeals
Have some sympathy for Family Court Judge Leslie K. Riddle, whose decision in the case of Marchant v. Marchant, 390 S.C. 1, 699 S.E.2d 708 (Ct.App. 2010), was affirmed as modified by the Court of Appeals with Wife successfully challenging one of the numerous decisions by Judge Riddle on whether and how to impute income [...]
Living “The Life of Riley” and puffery in financing documents while claiming poverty is not conducive to minimal child support obligation
Yesterday’s Court of Appeals opinion in Bennett v. Rector, 389 S.C. 274, 697 S.E.2d 715 (Ct.App. 2010), provides further guidance on imputation of income in a child support case. Living “The Life of Riley” on a claimed income of $1,967 a month while claiming a monthly income between six to ten times greater in financial [...]