Non-Profit Entitled to Attorney's Fees, Says Court
by
Joseph C. Maya on May. 03, 2017
Divorce & Family Law Divorce & Family Law Child Custody Civil & Human Rights Civil Rights
Summary: Blog about a non-profit organization being entitled to attorney's fees for representing a mother in a child custody case.
If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
The trial court erred when it reduced the attorneys' fees of the former wife, who was the victor in the dispute, on the basis that she was represented by a non-profit legal aid clinic. The public did not have to bear the burden of the family dispute.
The plaintiff mother pursued claim for custody of the parties’ minor children. She was represented by Connecticut Legal Services, Inc., a federally funded nonprofit organization which provides legal representation without cost to persons unable to afford private counsel. The plaintiff claimed attorney’s fees in the amount of $2100, which the court found to be a “modest sum.” However, the court cut the fees in half because of the service’s nonprofit status. On appeal, the court found this reduction improper. A non-profit and public service organization can recoup at least part of its resources through an award of counsel fees to its client. The argument can be made that legal service for the poor is free only to the indigent person. Subsequent award for legal services can ease the public cost that makes such service possible. The court found no consideration made in the trial court’s determination to halve the award. “The court here made no effort to establish how a reduction in half of attorney’s fees solely because of the nonprofit status of the plaintiff’s counsel was appropriate for a just and equitable resolution of the dispute” said the Court. “We therefore cannot consider such a reduction o be anything other than arbitrary and erroneous.
For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.
Source: Benavides v. Benavides, 526 A.2d 536 ; 1987 Conn. App. LEXIS 950 (Conn. App. Ct. 1987)
