Collins v. Moroch
No accord and satisfaction where client wrote “final payment” on check and attorney crossed it off before cashing it.
No accord and satisfaction where client wrote “final payment” on check and attorney crossed it off before cashing it.
Refusal to accept an offer to settle is a relevant circumstance for a court to consider in determining fees.
In determining amount of contribution, it is first necessary to establish reasonableness of the total fee.
Court must find need, ability, reasonableness.
Court must make findings of need, ability, and that total fee is reasonable.
The party requesting a contribution must establish and trial court must make F of F as to the reasonableness of the total fees, need and ability.
Death of a party did not deprive circuit court of jurisdiction to award judgment for attorney fees – attorney entitled to judgment regardless of reason for dismissal.
Before awarding attorney fees, trial court must make factual determinations: (1) need, (2) ability, (3) total fee is reasonable.
No abuse of discretion in failure to order contribution where there was a large cash settlement, an equal property division, and enough support to stay in the home and attend college.
Notice of appeal strips trial court of jurisdiction to order contribution to attorney fees.