Why Your Lawyer’s Incompetence Can Really Cost You:

In an divorce case, a court can order that a party (husband or wife), rather than the party’s lawyer, pay certain lawyer’s fees incurred by his/her former spouse. A judge can do this under the California law Civ. Code § 4370.6, which awards lawyers fees as a sanction against a party based on that lawyer’s inability to properly represent someone.

In the case of In re Marriage of Daniels, the wife’s lawyer did not return phone calls from the husband’s first lawyer, mailed correspondence to the wrong address, improperly entered a default judgment, wanted to capitalize unfairly on the untimely death of the husband’s first lawyer, did not inform the husband or his new lawyer of the scheduling by the wife’s lawyer of an uncontested hearing seeking a judgment pursuant to the improper entry of default, did not return phone calls from the husband’s new lawyer seeking to discuss and resolve the case, refused to stipulate to set aside the improper entry of default, and opposed the motion to set aside without good reason.

Since the wife’s lawyer’s conduct made the divorce process more difficult and caused the cost of the divorce to increase, a court found that the order to make the wife pay for the husband’s attorneys fees was appropriate. Making the wife pay, instead of the wife’s attorney, was also appropriate because under Civ. Code § 4370.6, the law does not allow or consider awards against lawyers when they are already subject to sanctions under Code Civ. Proc. § 128.5.

It is extremely important to hire an attorney that is responsive, reliable, and experienced in Los Angeles divorce cases so that you do not find yourself paying for your ex-spouse’s attorney fees. The Law Offices of Michael S. Carrillo has a great deal of experience in divorce cases and will handle your case with the greatest care. Contact our office immediately for a free consultation at (626) 799-9379.