Ordering husband to contribute to wife’s attorney fees and to pay GAL and GAL’s expert affirmed where court found the length of the trial and its complexity were primarily the result of husband’s insistence on litigating custody and related issues despite substantial evidence contrary to his position.
Wife’s seeking temporary maintenance violated §802.05(1) and entitled husband to attorney fees. This statute does apply in divorce cases.
Law firm had option of commencing separate action for attorney fees against husband where firm had withdrawn from representation of wife. In footnote, court holds that firm could also have sought separate judgment under 767.23(3)(a).
No formal motion is necessary for overtrial hearing as long as issue is raised at trial or in post trial briefs. However, court must determine the reasonableness of the fees.
Attorney fees may be awarded to when counsel is required to expend additional time because of a party’s lack of cooperation.
Given that the mother prevailed on appeal and that the appeal was necessary in order to maintain an amount of child support, she may be entitled to costs and attorney fees.
Court can order payment of attorney fees in contempt action without finding of need and ability.
Court erred in ordering a contribution towards wife’s attorney’s fees when husband changed his mind about placement of the children as a party may withdraw from a stipulation prior to the final trial.
Trial court properly assessed contribution to attorney fees based on continuing overtrial tactics on appeal. When appellate court finds that issues on appeal are frivolous, circuit court can conduct a hearing to sanction a party if warranted.
In this case, attorney billing records are protected by attorney-client privilege due to the detailed descriptions of the nature of the legal services. Holding is limited to particular facts in this case and not a broad rule that all attorney billing records are protected.