Winning Strategies and Tactics in Making and Opposing
Family Law Fees and Sanctions Requests
Attorney fees and costs awards are an inevitable and significantly contested part of family law litigation. In most cases, both sides are familiar with the statutes authorizing and limiting these awards. But there are key "unwritten rules" tried and tested in practice that can make or break your quest for or against fees/costs awards.
Our panel of expert family law judges and lawyers will discuss the governing authorities and approach to take in various fact situations when making or opposing fees and sanctions requests. You will hear both the judges' and the lawyers' perspectives on the many "hidden issues" and their strategies for a successful outcome.
This is a "don't miss" program for family law lawyers at all levels of experience!
Call for more information or to enroll:
818-990-3260 (Ext. 2) or 1-800-747-3161 (Ext. 2)
Highlights
Statutes Authorizing Fees/Costs Awards in Family Law and "Related" Proceedings
| Initial Awards "Out of the Gate" |
| Fees award for pro pers to hire counsel |
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| Pendente Lite Fees/Costs Award |
| Alan S. standards and §4320 factors |
| Domestic violence considerations |
| Practical aspects of §2032(d) "complex case management plan" for allocation of fees and costs |
| Fees/costs award "without prejudice" |
| Drafting effective moving and opposition papers |
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| End-of-the-Case Fee Awards |
| Evidentiary requirements |
| What is "just and reasonable"? |
| What are the "relative circumstances"? |
| Who pays for "handholding" a difficult client? |
| What impact on court's decision if client has already paid counsel? |
| Cross-examining "fee-requesting counsel" |
| Pros and cons of bifurcating attorney fees issues |
| Amount of award; counsel's experience as factor? |
| Importance of securing CCP §632 statement of decision |
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| Attorney Fees Awards Stipulations - Avoiding Ethical Traps |
| Independent counsel required? |
| Attorney stipulation that both sides pay fees/costs out of CP? |
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| Discharged Attorney's Fees Pending Litigation |
| Former counsel's Borson motion procedure; discovery? |
| Reimbursement to client who fully paid discharged counsel's fees? |
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| Section 271 Sanctions |
| Strategy concerns |
- Should you seek sanctions? If so, when?
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| - Should you vigorously oppose? |
| What is sanctionable "uncooperative conduct"? |
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| Other Sanctions Authority |
| Child custody litigation--knowingly false accusations of child abuse |
| Support litigation |
| Declaration of disclosure violations |
| CCP §128.7 "certificate of merits" violations |
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| Strategies for Enforcing Fees Awards |
| Order accelerating attorney fees if payment is missed or late |
| Issues re fees/costs awards made payable directly to attorney/experts |
Presenters
JUDGE KENNETH A. BLACK (Ret.)
Los Angeles Superior Court
MODERATOR - All locations
JUDGE THOMAS TRENT LEWIS
Los Angeles Superior Court
All locations
COMMR. MARJORIE A. SLABACH
San Francisco Superior Court
San Francisco location only
JILL HERSH
Hersh Family Law Practice P.C.
San Francisco
San Francisco location only
JUDI A. CURTIN
Private Practice
Santa Ana
Los Angeles location only
Dates / Times / Locations
Registration: 5:30 PM · Program: 6:00 - 9:15 PM
LIVE PROGRAMS:
LOS ANGELES
TUESDAY, SEPTEMBER 14
Los Angeles Marriott Downtown
333 S. Figueroa Street
(213) 617-1133
SAN FRANCISCO
THURSDAY, SEPTEMBER 16
Hotel Nikko San Francisco
222 Mason Street
(415) 394-1111
VIDEO REPLAYS:
SAN DIEGO
WEDNESDAY, SEPTEMBER 29
Westin Gaslamp Quarter San Diego
910 Broadway Circle
(619) 239-2200
SHERMAN OAKS
WEDNESDAY, SEPTEMBER 29
Courtyard By Marriott
15433 Ventura Boulevard
(818) 981-5400
COSTA MESA
THURSDAY, SEPTEMBER 30
Westin South Coast Plaza
686 Anton Boulevard
(714) 540-2500
CLE Credit
3 HOURS MCLE/SPECIALIZATION CREDIT (including 0.5 Hour Legal Ethics) The Rutter Group certifies that this activity has been approved for MCLE credit by The State Bar of California in the amount of 3 hours, of which 0.5 hour applies toward Legal Ethics. Application has also been submitted for 3 hours of family law specialization credit by the Board of Legal Specialization.
Tuition
TRG Seminar PASSholders (admission only) - FREE
TUITION - $160
SPECIAL OFFERS FOR ENROLLEES:
California Practice Guide: Family Law - $200 plus applicable sales tax (Regularly $450)
The Rutter Group • A Division of West, a Thomson Reuters business • 15760 Ventura Boulevard, Suite 630 • Encino, CA 91436 • (818) 990-3260 or (800) 747-3161

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