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California Family Law Prac & Proc 2nd ed.
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

2-61 California Family Law Prac & Proc 2d ed. 61.syn


Attorney Fee Agreements


Kathryn Kirkland, Diana Richmond, Stephen James Wagner, and Ira Lurvey

Chapter Summary


Chapter 61 provides a comprehensive overview of attorney fee agreements in family law proceedings.

The chapter begins by explaining the necessity of an express written fee agreement between the attorney and client. It explains the applicability of contingent fee agreements in family law proceedings, and provides guidelines for their form and contents. Chapter 61 also explains a family law attorney's authority to establish a real property lien, and the required notice for recordation of the lien.

The chapter also addresses various ethical issues relating to attorney's fees, including illegal and unconscionable fees, and the advancement of expenses or costs. Further, the chapter addresses the legal effect of attorney's fee clauses in actions to enforce fee agreements.

Finally, chapter 61 provides a sample fee agreement for family law attorneys, as well as a notice of limited scope representation. It also provides a sample declaration in support of an objection to a family law attorney's real property lien.

California Family Law Practice and Procedure guides practitioners through California's procedural and substantive law with respect to a wide range of family law matters including marital dissolution, adoption, paternity, and unmarried cohabitation. It provides a "one-stop" resource for all issues that arise in the family law context, providing answers for both the litigation and transactional aspects of this complex practice area. It guides the practitioner through clear, in-depth treatment of issues, practice tips, form instructions, illustrative forms, and citation to current authority.


California family law,attorney fee agreements,express written fee agreement,contingent fee agreements,real property lien,illegal attorney fees,unconscionable attorney fees,advancement of expenses,advancement of costs,family law attorney real property lien


Chapter 62 discusses court awards of attorney's fees in family law proceedings. Chapter 63 addresses recovery of attorney's fees and discharge.

Chapter 91 provides additional discussion regarding defining fee arrangements at the outset of a family law proceeding.


Family Law & Practice (Matthew Bender) provides additional guidance regarding counsel fees in family law proceedings.

Complex Issues in California Family Law addresses the toughest issues in California family law, including mandatory attorney fees for failure to comply with disclosure statutes.

California Family Law Litigation Guide (Matthew Bender) provides practical insight and information necessary to help attorneys handle family court proceedings.

See California Forms of Pleading and Practice (Matthew Bender)for detailed analysis of the law, plus timesaving forms, checklists and research guides. It covers all aspects of procedure in civil actions and proceedings.
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