(2004) 123 Cal.App.4th 360 Marriage of Hobdy (2011) 198 Cal.App.4th 1039 Marriage of Cryer Overview Concepts (cont’d) Consider use of Property Declaration (FL-160) with FL-150 As part of documentation or seek court order imposing obligation to attach [CRC Rule 5.92] Income and Expense Declaration must disclose liquid assets [CRC Rule 5.427] Overview Concepts (cont’d) Income and Expense Declaration must be current Current means not more than three months old with no changes CRC Rule 5.427 (2003) 114 Cal.App.4th 572 Marriage of Tydlaska Overview Concepts (cont’d) Disclosure of fees and Related to preparation of documents Is required if fees are sought for the work [CRC Rule 5.425(f); (1969) Medoff v. State Bar of Cal. 71 Cal.2d 535] CAVEAT: Don’t waive attorney client privilege in fee applications [Marriage (1989) 211 of Niklas Cal.App.3d 28] Overview Concepts (cont’d) Upon timely application Court may redirect payment from A former counsel To successor counsel Fam C 272(c) (2006) 143 Cal.App.4th 1312 Marriage of Green Overview Concepts (cont’d) Contractual agreements and waivers of attorney fees Cannot violate public policy (1984) 162 Cal.App.3d 1132 Marriage of Sherman (1968) 258 Cal.App.2d 407 Garrett v. Garrett (2011) 200 Cal.App.4th 770 Marriage of Guilardi (1990) 217 Cal.App.3d 1277 Marriage of Joseph Notice Requirements Attorney’s Fees and Costs
Marriage of Hobdy (2004) 123 Cal.App.4th 360 Marriage of Cryer (2011) 198 Cal.App.4th 1039 Overview Concepts (cont’d) Consider use of Property Declaration (FL-160) with FL-150 As part of documentation or seek court order imposing obligation to attach [CRC Rule 5.92] Income and Expense Declaration must disclose liquid assets [CRC Rule 5.427] Overview Concepts (cont’d) Income and Expense Declaration must be current Current means not more than three months old with no changes CRC Rule 5.427 Marriage of Tydlaska (2003) 114 Cal.App.4th 572 Overview Concepts (cont’d) Disclosure of fees and Related to preparation of documents Is required if fees are sought for the work [CRC Rule 5.425(f); Medoff v. State Bar of Cal. (1969) 71 Cal.2d 535] CAVEAT: Don’t waive attorney client privilege in fee applications [Marriage of Niklas (1989) 211 Cal.App.3d 28] Overview Concepts (cont’d) Upon timely application Court may redirect payment from A former counsel To successor counsel Fam C 272(c) Marriage of Green (2006) 143 Cal.App.4th 1312 Overview Concepts (cont’d) Contractual agreements and waivers of attorney fees Cannot violate public policy Marriage of Sherman (1984) 162 Cal.App.3d 1132 Garrett v. Garrett (1968) 258 Cal.App.2d 407 Marriage of Guilardi (2011) 200 Cal.App.4th 770 Marriage of Joseph (1990) 217 Cal.App.3d 1277 Notice Requirements Attorney’s Fees and Costs