Recent Feedback
Hi,I am in pro per in a dissolution case in L.A., and my wife's attorney just sent this document to me. He is trying to make me pay for half of the attorneys fees. He is a liar, and says that my lawyer withdrew from my case because I wasn't cooperative, when the truth is that I fired my attorney, and am suing him in small claims for malpractice (this Monday) etc., etc., anyway, is this form something I should respond to formally and even file with the court? if so, what would be the way to do that? Monday happens to also be the last day I can submit docs before my July 12th trial. (I have pleading paper and I know how to file, I just need some general guidance..) thanks. I am attaching his cover sheet....oh wait, I can't see how to do that
Already Tried: the title of the pleading is "DECLARATION OF DANIEL W. BALDWIN IN RE: attoRNEY FEES AND COSTS
Good morning,I'm sorry to hear of the situation.No, there is no reason to respond to the Declaration. The Declaration is merely for the court, and you were copied with it because it is going into the file. It means nothing other then he will be asking the court for you to pay part of your soon-to-be ex's legal fees.Unless you are making a boatload more money than she is, and can easily afford to pay her fees---and unless she is living near destitute---the courts don;t generally demand that one party pay the legal fees of the other. All you need do is make oral argument at the trial as to why you believe the request for attorney fees is inappropriate.Here is the CA code dealing with the issues looked at by the court as regards XXXXX XXXXX fees are proper. Make your arguments against being saddles with the fees based on the issues listed in the code:
http://www.thurmanarnold.com/Practice-Areas/Family-Law-Statutes-Page/Family-Code-section-2032-Attorneys-Fees-From-Sep.aspx
Experience: 27+ years legal experience. I remain current in Family Law through regular continuing education.