Quick vent, would love input: I’m an attorney working for a state-wide nonprofit. I’ve been crushing it this year and have been very successful in obtaining favorable divorce and custody orders. An OC (who is generally a terrible attny) just filed a bar complaint b/c I requested attorney fees, arguing they shouldn’t be allowed b/c I work for a nonprofit. The fee request is warranted & allowable. My manager thinks it’s a compliment, but I’m anxious. Thoughts?
If you represent clients in divorce/matrimonial cases, the absolutely you ask for fees. It should make no difference if you are a non-profit, if the client is paying you on a sliding scale. I am thinking that the other attorney probably thinks you are pro-bono, but you have to attach the retainer and invoices (well in NY you do), so they should have seen that and just opposed the motion for the fees (as we always do). I don't see this complaint going anywhere.
In my state, there are court decisions making clear that legal aid organizations can be awarded fees (and I have been awarded them in the past) even though the client has not paid for your services. Our organization is awarded the fees and they go into our general fund, much as yours does. Sounds like OC is a real piece of work.
Oh she’s certifiable - I often receive late-night/early morning and weekend rage emails from her. She’s known in the community for sleeping with her male criminal defense clients and generally being sloppy. It’s a small community with few attorneys, so no one really calls her in it. If she weren’t a thorn in my side I’d feel some sympathy for her.
But thank you for the support - I regularly doubt myself when dealing more senior attorneys.
For context, any fees recovered would go back to my organization and into a general “litigation fund”. This fund is then used for various litigation expenses when a client can’t afford them (cost of expert witnesses, process servers, etc).
OC engages in a lot of gamesmanship, bills her clients for each hearing and thus wastes a ton of my time with pointless hearings, refusing to approve minute orders, withholding signatures on mediated orders, etc. I just finally had it with her, saw an opportunity for attorney fees, and took it. The matter was just set for a hearing next week. Opinions on this?
Oh I’ve got all the case law on my side - Blum v. Stenson and plenty of state caselaw, a state rule, and a local rule echoing. We’re not required to attached our retainers to motions for fees, but my affidavit and timesheet are pretty comprehensive without disclosing my strategy. I just know that our state’s D-board is comprised of private attorneys, and there are some in our state who just hate civil legal services. I’m mainly worried about how much noise this OC can make/how annoying she can make my life.
Anyway, hearing on sanctions and fees is in 2.5 hrs. Waiting to hear back from D-Board as well, but my management rallied around me, so I feel ok about that. Will update.