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Cases of Interest: Attorneys
© National Legal Research Group, Inc.
ALASKA: LaParle v. State, 957 P.2d 330 (Alaska Ct. App. 1998).
A lawyer who conspired with his client to conceal and appropriate marital funds during divorce proceedings could be convicted of theft and perjury.
Read More About This CaseFLORIDA: McAliley v. McAliley, 704 So. 2d 611 (Fla. Dist. Ct. App. 1997).
The wife would be awarded attorney's fees on appeal as a punitive measure for the lawyer/husband's abuse of the judicial system in filing continuous, baseless, and vexatious litigation.
Read More About This CaseNEW YORK: Block v. Block, ___ A.D.2d ___, 685 N.Y.S.2d 443 (1999).
Contingency fee cases that the husband had commenced before the parties' divorce action were marital property, but the fees should be divided in proportion to the amount of time expended on the cases during the marriage and after the marriage rather than awarding the wife an arbitrary percentage of the fees.
Read More About This CaseNEW YORK: Granade-Bastuck v. Bastuck, ___ A.D.2d ___, 671 N.Y.S.2d 512 (1998).
Given the wife's relatively minimal role in the husband's law career, her distributive share of his practice should be reduced from 40% to 25%.
Read More About This CaseOKLAHOMA: Musser v. Musser, 909 P.2d 37 (Okla. 1995).
Pending contingent fee cases are future income rather than marital property for purposes of equitable distribution.
Read More About This CaseSOUTH CAROLINA: Calhoun v. Calhoun, ___ S.C. ___, 501 S.E.2d 735 (Ct. App. 1998).
A lawyer who represents himself or herself may not be awarded attorney's fees for the pro se representation.
Read More About This CaseTENNESSEE: Quillen v. Quillen, 909 S.W.2d 804 (Tenn. Ct. App. 1995).
The trial court acted properly when it prohibited the husband/attorney from continuing to represent himself and when it imposed Rule 11 sanctions against him for filing repetitive and frivolous motions.
Read More About This CaseVERMONT: Mills v. Mills, ___ Vt. ___, 702 A.2d 79 (1997).
Where the wife worked on a contract basis for other attorneys, her future work as a lawyer had no value subject to equitable distribution.
Read More About This CaseWEST VIRGINIA: White v. Williamson, ___ W. Va. ___, 453 S.E.2d 666 (1994).
After classifying the husband's share of a contingent fee, the trial court was required to value the fee and then actually divide it.
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