UTAH family law kNOWLEDGE BASE

Attorney Fees

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Definition

A request for attorney fees asks the court to order one party to pay the legal fees of the other. If approved, the responsible party must pay the amount ordered, but the client remains liable for any outstanding fees to their attorney.

Details

In many legal cases, one party may request the court to order the other party to pay their attorney fees. This request is often made when the party seeking fees believes that the other party’s actions have unnecessarily prolonged the case or caused additional legal expenses. The request for attorney fees is typically made through a formal motion, outlining the reasons why the fees should be awarded.

If the court grants the request for attorney fees, it will issue an order specifying the amount that the other party must pay. This order becomes enforceable, meaning that the party ordered to pay must do so directly to the party awarded the fees. However, it is important to note that even if attorney fees are awarded, the party who incurred the legal expenses remains responsible for paying their attorney. The awarded fees may be used to reimburse those costs, but they do not relieve the party of their obligation to their own attorney.

The process of requesting and awarding attorney fees is a common aspect of family law cases, especially in situations where one party’s conduct has been particularly contentious or unreasonable. The court’s decision to award fees is based on a variety of factors, including the financial circumstances of both parties and the overall fairness of the request. The goal is to ensure that the legal process is not abused and that one party is not unfairly burdened with legal costs due to the actions of the other.

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