What is the test for attorney's fees in a domestic litigation?

California, United States of America


The following excerpt is from Marriage of Cueva, In re, 149 Cal.Rptr. 918, 86 Cal.App.3d 290 (Cal. App. 1978):

By mentioning "hours," we do not mean to be understood as indicating that the reasonable value of an attorney's services must bear a direct relationship to the number of hours spent working on the case. Time spent may have been unnecessary and unproductive or entirely disproportionate to the result to be achieved. One hour spent in negotiation might be more valuable than 10 hours spent in trial. We fully agree with the statement in In re Marriage of Lopez, 38 Cal.App.3d 93, 113, 113 Cal.Rptr. 58, 71 (disapproved on another ground in In re Marriage of Morrison, 20 Cal.3d 437, 453, 143 Cal.Rptr. 139, 573 P.2d 41), that ". . . a desirable objective of domestic litigation is prompt and equitable resolution of marital difficulties rather than their bitter prolongation. Conscientious and successful efforts by counsel to resolve as many areas of disagreement as possible without judicial intervention is entitled to [86 Cal.App.3d 303] serious consideration in awarding attorney's fees. Compensable professional legal skill is not limited to trial time or courtroom techniques alone." (Cf. Anthony v. Anthony, supra, 259 Cal.App.2d at p. 158, 66 Cal.Rptr. 420.) However, these principles have little, if any, application to the case at bench based on the present record.

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