Thursday, May 25, 2006

Revised attorney fee order

I just got this in the mail from the family court. The judge amended his order after we left court:
HONORABLE Commissioner Irwin H. Joseph, presiding ...
Counsel/parties address(es) the issues now before the Court.
The parties are sworn and examined.

FINDINGS AND ORDERS: The Court finds that on 5/13/05 Judge Kelly assessed fees in the amount of $20,000 payable by Respondent to Petitioner re accumulated fees in the amount.of $40,452 as stated in the declaration of counsel at that time.

The Court find that the total of fees incurred to date, $54,892, less the previous total, $40,450, leaves a balance of $14,440 and that pursuant to sections 2030 FC and 2032 FC, orders Respondent to pay $10,000 to Petitioner for attorney fees. Additionally, Respondent shall pay to Petitioner $5,000 for attorney fees related to the appeal.

The total amount of attorney fees ordered payable by Respondent to Petitioner this date is $15,000 which shall be paid at the rate of $5,000 per month. The first payment shall be made on 7/l/06 and each month thereafter until paid in full.

SUMMER SHCEDULE: Pursuant to oral stipulation of the parties, the summer schedule proposed by Petitoner shall be the order of the Court. Petitioner shall prepare the order re summer schedule.

NEXT COURT DATE: This matter is set for Further Status Conference on 10/16/06 at 8:30 in 4.

Petitioner is directed to prepare the order pursuant to Rule 391.


There are no appearances.

The Court clarifies that the award of attorney fees for appellate services should not be misconstrued as an automatic award of said sum to Petitioner even if she never retains appellate counsel.

The $5,000 award of appellate attorney fees payable by Respondent shall only be payable if Petitioner retains an appellate attorney and incurs said amount of fees. If Petitioner does not retain counsel and incur fees, no appellate fees are due from Respondent to Petitioner. Petitioner shall promptly, and no later than September 1, 2006, forward to Respondent any attorney bills attributable as of said date to appellate work. Thereafter, Petitioner shall submit bills every thirty days which shall be payable by Respondent upon receipt until the total amount of $5,000 for appellate attorney services has been paid.

Since my ex-wife is a lawyer herself, I guess the judge was worried that she would pocket the $5k and write the brief herself. I don't know why he even cares. I'd rather that she kept the money than squander it on some sleazeball lawyer.

The entire system is rigged to benefit lawyers. I really don't think that this judge is getting kickbacks from lawyers, but he sure acts like he is much more concerned about the best interest of the lawyers than the best interests of the children.

Comm. Joseph made our kids suffer for six months while he ordered inkblots tests and other idiotic wastes of time. He never showed the slightest bit of regret. He has extended this divorce case so that it will last for at least three years, and there is no end in sight.

There seems to be just one thing that this judge cares about, and that is making sure that lawyers get paid. Three times he has gone out of his way to order me to pay Miss Jennifer Gray, my ex-wife's ex-lawyer, $6,500 even though another judge ruled that I didn't have to pay. He sheltered Miss Gray from testifying, even though I caught her lying under oath and trying to defraud me out of some money. The above order says that I have to pay her $10k anyway. And now he goes out of his way to amend his order to make sure that my ex-wife actually hires an appellate lawyer.

You might think that Comm. Joseph is just making sure that attorney fees actually goto attorneys, but he is also protecting his own orders from appeal. He knows that he has made some questionable orders that I am appealing, and he is insuring that a outside lawyer will be writing a legal brief that defends his orders. I think that a family court judge should just let the appellate court decide whether his orders are correct or not.

No comments: