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 . .  doesn’t answer his question at all . . .  he just makes a big deal out of it . . . and says ‘you’ve been a very naughty girl,’ and then he just tells the husband to get out of the office.” The husband, in order to pay the lawyer, takes out a loan from a bank and this loan is added to the other debts in his credit report. The following year the husband is able to make payments, but the interest rate on the loan begins to climb. It’s not until three years later that the husband decides to pay off the entire loan. “He gets divorced and is now paying $5,000 a month. He’s got a $1,500-a-month car payment and he can’t buy a new car. He’s got taxes and insurance and all these things he has to take care of. And we make him pay the entire $11,500 for the lawyer. He’s paying out of pocket for a year and a half of interest. And that $11,500 is going towards a son-in-law who is getting $10,000 for not working.” Thus, as in the example above, the court does not view $5000 as a cap on what is reasonable to recover for attorney’s fees. Not all cases seeking attorney’s fees have been in favor of the attorney. For example, the California Supreme Court was asked to determine whether a case in which attorney’s fees had already been awarded was moot. The court found that it was not and held: “We hold that plaintiffs are entitled to their fees on appeal under section 1021.5. Plaintiffs have succeeded in overturning a prior judicial determination and that determination is now void. The cause of action is not moot.” “Moreover, there is nothing in the statutory language which would indicate that fees should be awarded only when the suit has been successful. A considerable amount of effort was expended on appeal to the superior court by all parties including the attorney general. Additionally, the litigation was necessary and useful to the public.” If there is a monetary cap on the award of attorney’s fees, then that will have to be determined by legislation. If there is a cap, then the question becomes, what are reasonable attorney’

 

 


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