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ATTORNEY FEE REQUEST

When a party has requested attorney’s fees (either pendente lite or post judgment), both parties shall file a current Income and Expense Declaration with paystubs attached, which shall be served along with the motion, Order to Show Cause, or Responsive Declaration requesting attorney’s fees. If an Income and Expense Declaration that was filed within the last three months is alleged to be current and relied on, a copy shall be attached to the moving or responding papers. Both sides must complete the attorney’s fees section, as well as the asset section, when either party has requested fees. In addition to the Income and Expense Declaration, any fee requests in excess of $1,000 shall be accompanied by the declaration described in Section B below.

The parties shall not attach billing statements to the attorney’s fee request, but shall exchange billing statements prior to the hearing or submission of the attorney’s fees request. Counsel shall bring copies of the bills to the hearing in case the Court desires to see the copies, or otherwise provide copies if requested by the Court. If the Court orders that a fees issue is to be submitted for a decision on the pleadings, the Court may notify counsel if any billing statements are requested for the Court’s review. If counsel deems the statements to be important to the Court’s consideration, even without such a request from the Court, counsel may deliver an unfiled set.

In assessing any request for attorney’s fees, the Court will consider the following:

(Eff. 1/1/07)

(1) THE FINANCIAL CIRCUMSTANCES OF THE PARTIES.

If there is a current support order in effect, counsel should attach a copy of the computer-generated support calculation.

(2) THE NATURE AND COMPLEXITY OF THE LITIGATION IN THE CONTEXT OF THIS ATTORNEY’S FEES REQUEST.

Counsel should provide a brief description of the nature of the current dispute.

(3) THE AMOUNTS INVOLVED IN THIS DISPUTE.

Counsel should provide a brief description of the relative worth of the parties as well as how much is involved in this particular dispute.

(4) THE ATTORNEY’S FEES AND COSTS INCURRED AND REQUESTED.

Counsel should provide details of the fees and costs that have been incurred in this matter and the fees and costs which are requested, along with the reasons for the requests.

(5) THE SKILL REQUIRED

Counsel should provide a brief description of the work which has been completed and/or the amount of work necessary to complete this particular dispute. This should also include actual or estimated expert costs as well as the necessity for such expenditures.

(6) THE PROFESSIONAL STANDING AND REPUTATION OF THE ATTORNEY

Counsel should include a brief description including years in practice, whether or not counsel is a Certified Family Law Specialist, and years of experience practicing family law.

(Eff. 1/1/07)

It is contemplated that in most instances the above descriptions would not exceed four pages total in addition to the computer support calculation. Headings should be used in the descriptions which correspond to the above order of preference in order to better assist the Court’s focus on the attorney’s fees being requested.

(Eff. 1/1/05)

In addition to the foregoing, if a party is claiming attorney’s fees as sanctions (Family Code §271, etc.), counsel should attach a complete description of the conduct which serves as the basis for the award of sanctions and the amount requested. A separate heading should be used for this as well.