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Glasscock v. Glasscock

Supreme Court of South Carolina
Mar 11, 1991
304 S.C. 158 (S.C. 1991)

Summary

holding in determining the amount of attorney's fees to award, the court should consider " the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services."

Summary of this case from Downing v. Downing

Opinion

23364

Heard February 4, 1991.

Decided March 11, 1991.

Joseph T. McElveen, Jr. and Terrell T. Horne, both of Bryan, Bahnmuller, King, Goldman McElveen, Sumter, for appellant. John O. McDougall, of Weinberg, Brown McDougall, Sumter, and C. Dixon Lee, III, of McLaren Lee, Columbia, for respondent.


Heard February 4, 1991.

Decided March 11, 1991.


This appeal is from a family court order awarding attorney's fees. We affirm as modified.

The total marital estate in this case is valued at nearly $2.8 million. In the final decree, the award to respondent (Wife), including alimony and her equitable share in marital assets, was approximately $1.6 million dollars. At the hearing on Wife's request for attorney's fees, Wife's attorney submitted affidavits that his fee based on an hourly rate totalled $51,998.75. The hourly rates were: $125 per hour for his services; $75 per hour for his associate's services; $150 per hour for both attorneys working together; $25 per hour for paralegal time. Wife's attorney testified that after the final decree was entered Wife agreed to pay $150,000 as a reasonable fee. He justified the amount in excess of the hourly rate as an allowable increase for the beneficial results accomplished on his client's behalf.

At the hearing, Wife's attorney also produced three expert witnesses. They opined that based upon the results achieved on Wife's behalf, a fee ranging between $150,000 and $173,000 was reasonable considering that Wife received a total recovery in excess of $1.6 million. The family court found $150,000 was a reasonable fee. Husband appeals on the ground the fee is excessive because it exceeds the hourly rate and is in effect a "contingency fee" based on the amount recovered for the client.

We agree with Husband that a domestic lawyer's fee may not be contingent upon the amount recovered on the client's behalf. Rule 407(1.5)(d)(1), SCACR, forbids "any fee in a domestic relations matter, the payment or amount of which is contingent upon ... the amount of alimony or support, or property settlement in lieu thereof. . . ." Wife's attorney argues an increase based on the results achieved is not a real contingency fee because the client is obligated to pay the hourly rate even if the action is not successful. We reject this argument since Rule 407(1.5)(d)(1) expressly forbids a fee made proportionate to the amount recovered for the client.

In reaching this conclusion, we clarify the six factors cited by this Court in determining a reasonable attorney's fee:

(1) the nature, extent, and difficulty of the case; (2) the time necessarily devoted to the case; (3) professional standing of counsel; (4) contingency of compensation; (5) beneficial results obtained; (6) customary legal fees for similar services.

Donahue v. Donahue, 299 S.C. 353, 384 S.E.2d 741 (1989). While "contingency of compensation" is an appropriate factor considered in awarding attorney's fees, the contingency to be considered is whether the party on whose behalf the services were rendered will be able to pay the attorney's fee if an award is not made. Further, the factor "beneficial results obtained" merely aids in determining whether an award is appropriate when considering whether the services of a lawyer facilitated a favorable result. Neither of these factors endorses use of a percentage fee. To the extent Darden v. Whitham, 263 S.C. 183, 209 S.E.2d 42 (1974), is inconsistent with this opinion, it is hereby overruled. We expressly disapprove any percentage fee agreement in a domestic case.

Further, we hold that a fee award must be based upon a reasonable hourly fee. Applying the above six factors to determine an appropriate fee award, the reasonableness of the hourly rate shall be determined according to: (1) the professional standing of counsel; and (2) the customary legal fees for similar services. The reasonableness of the number of hours billed shall be determined according to: (1) the nature, extent, and difficulty of the case; and (2) the time necessarily devoted to the case.

As discussed above, the remaining factors, "contingency of compensation" and "beneficial results obtained" are to be considered in determining whether an award should be made. In making this determination, the abilities of the parties to pay, their respective financial conditions, and the effect of the attorney's fees on each party's standard of living are also to be considered. Mitchell v. Mitchell, 283 S.C. 87, 320 S.E.2d 706 (1984).

Applying these factors here, we find the total hourly fee of $51,998.75 reasonable and affirm the award of attorney's fees in this amount. We dispose of the remaining exceptions pursuant to Supreme Court Rule 23. The judgment of the family court is

Affirmed as modified.

HARWELL, CHANDLER, FINNEY and TOAL, JJ., concur.


Summaries of

Glasscock v. Glasscock

Supreme Court of South Carolina
Mar 11, 1991
304 S.C. 158 (S.C. 1991)

holding in determining the amount of attorney's fees to award, the court should consider " the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services."

Summary of this case from Downing v. Downing

holding the family court should consider the following factors in determining a reasonable attorney's fees award: " the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services"

Summary of this case from Duclos v. Duclos

holding that when determining the reasonableness of a fee award, the court should consider the following factors: " the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services"

Summary of this case from Kimner v. Kimner

holding when determining the reasonableness of a fee award, the court should consider the following factors: " the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services"

Summary of this case from Freeman v. Carver

holding that when determining the reasonableness of a fee award, the court should consider the following factors: " the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services"

Summary of this case from Tener v. Tener

holding the family court should consider the following factors when determining the amount of reasonable attorney's fees: " the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services"

Summary of this case from Bull v. Bull

holding the family court should consider the following factors when determining the amount of reasonable attorney's fees: " the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services"

Summary of this case from Couch v. Couch

finding that a determination of the reasonableness of attorney's fees should take into consideration six factors: the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services

Summary of this case from DiMarco v. DiMarco

finding that a determination of the reasonableness of attorney's fees should take into consideration six factors: the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services

Summary of this case from DiMarco v. DiMarco

finding the reasonableness of attorney's fees should be determined by the following factors: " the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services"

Summary of this case from Vitale v. Vitale

rejecting the appellant's argument that an attorney's fee awarded by the family court was in effect a contingency fee, but nevertheless citing “beneficial results obtained” as one of the six factors in determining a reasonable attorney's fee

Summary of this case from Pittman v. Pittman

rejecting the appellant's argument that an attorney's fee awarded by the family court was in effect a contingency fee, but nevertheless citing "beneficial results obtained" as one of the six factors in determining a reasonable attorney's fee

Summary of this case from Pittman v. Pittman

outlining factors to consider in awarding reasonable attorneys' fees, including: " the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services"

Summary of this case from Buist v. Buist

outlining factors to consider in awarding reasonable attorneys' fees, including: “ the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services”

Summary of this case from Buist v. Buist

listing the factors to be considered in determining the amount of an award

Summary of this case from Wilburn v. Wilburn

listing the factors to be considered in determining the amount of an award

Summary of this case from Wilburn v. Wilburn

listing factors to consider in awarding attorney's fees, including beneficial results obtained

Summary of this case from Wooten v. Wooten

providing that courts should consider the following factors in determining a reasonable attorney's fee: " the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services"

Summary of this case from Hayduk v. Hayduk

stating the family court should consider "the nature, extent, and difficulty of the case" when determining the amount of awarded attorney's fees

Summary of this case from Daily v. Daily

providing that the family court should consider six factors in determining the reasonableness of attorney's fees: " the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services"

Summary of this case from Okamura v. Aguirre

providing that in determining whether attorney's fees are reasonable, the family court should consider: " the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services."

Summary of this case from Gillmann v. Gillmann

stating that if the court determines an award of attorney's fees is appropriate, the court should consider the following factors when determining the amount to award: " the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services"

Summary of this case from Hagood v. Hagood

providing that the family court should consider six factors in determining the reasonableness of attorney's fees: " the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services"

Summary of this case from Richardson v. Richardson

providing the family court should consider the following factors when determining the amount of attorney's fees to award: " the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services"

Summary of this case from Sun v. Sun

listing the factors for the court to consider in determining the reasonableness of a fee award as follows: " the nature, extent, and difficulty of the case; the time necessarily devoted to the case; professional standing of counsel; contingency of compensation; beneficial results obtained; customary legal fees for similar services"

Summary of this case from Strum v. Strum
Case details for

Glasscock v. Glasscock

Case Details

Full title:James T. GLASSCOCK, Appellant v. Linda S. GLASSCOCK, Respondent

Court:Supreme Court of South Carolina

Date published: Mar 11, 1991

Citations

304 S.C. 158 (S.C. 1991)
403 S.E.2d 313

Citing Cases

Hayduk v. Hayduk

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Buist v. Buist

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