What is the test for determining a reasonable attorney's fee?

California, United States of America


The following excerpt is from Marriage of Fransen, In re, 142 Cal.App.3d 419, 190 Cal.Rptr. 885 (Cal. App. 1983):

Though viewing the evidence most favorably in support of the trial court's order, we cannot in good conscience support this award. In re Marriage of Cueva, supra, 86 Cal.App.3d at page 296, 149 Cal.Rptr. 918 addresses the major factors to be considered in fixing a reasonable attorney's fee. These factors include " 'the nature of the litigation, its difficulty, the amount involved, the skill required and the skill employed in handling the litigation, the attention given, the success of the attorney's efforts, his learning, his age, and his experience in the particular type of work demanded [citation]; the intricacies and importance of the litigation, the labor and the necessity for skilled legal training and ability in trying the cause, and the time consumed. [Citations.]' " [Quoting from Berry v. Chaplin (1946) 74 Cal.App.2d 669, 679, 169 P.2d 453.] In addition, the financial circumstances and responsibility undertaken by the paying spouse may be considered. (Id., at p. 296, 169 P.2d 453.)

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