Recovering Fees Pursuant to Administrative Order S-2013-075

by Michelle Ralat Brinner

A great deal of confusion exists among practitioners regarding the recovery of an award of attorneys’ fees, particularly regarding compliance with local Administrative Order S-2013-075 (the “AO”). Compliance with the Family Law Rules of Procedure and the AO is critical to recovering attorneys’ fees and costs for your client.

To comply with the AO, you must initially determine the nature and amount of the fees that you are seeking. Although it sounds simple, the requirements necessary to comply with the AO vary based upon these key facts. If you are seeking an award of temporary attorneys’ fees in an amount less than $50,000.00, the requirements and deadlines are different than if you are seeking an award of fees in an amount greater than $50,000.00. Currently the AO does not specifically address the requirements to recover fees in an amount less than $50,000.00 after a final hearing, but it is generally good practice to comply with the requirements of the AO as much as possible to assist the court in making its necessary findings to award your client fees.

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