In Re Marriage of Kilbourne
No value can be placed on unpaid contingency fees.
No value can be placed on unpaid contingency fees.
Death benefit provision of partnership agreement is properly used to calculate the value of interest in law firm for distribution purposes.
Trial court did not err in using excess earnings method to calculate lawyer’s interest in his law firm, rather than basing the valuation on the terms of the partnership agreement.
Contingency fees from husband’s law practice are not marital assets as they are too remote, speculative and uncertain.
Trial court properly rejected valuation by buy/sell agreement and accepted valuation of wife’s expert who averaged net-asset-value and excess-earnings methods.
No property to consider tax consequences of sale of law practice where husband has no plans to sell his interest for “at least another 15 to 17 years.”
Interest in law firm does not include goodwill as valuation is too speculative.
Accounts receivable and work in progress must be included in law firm valuation.
Trial court correctly valued divorcing lawyer’s interest in law firm using formula set out in shareholder’s agreement.
Law firm partnership agreement controls and trial court reversed for assigning value to professional goodwill.