If I payed a portion of the legal fees to the opposing counsel in a divorce case, shouldn't I be given a copy of the itemized list of their services and charges? If I request this, does it need to be done via email or do I need to do it via a subpoena?
Thanks
"Entitled?" No, you're not "entitled" to write it off. Generally, the only attorneys fees you can write off are the fees related to preparing your taxes -- not for getting divorced. You may have an argument, however, if the payment of the fees is not in the nature of property division, but instead in the nature of maintenance (alimony).
Talk with your lawyer about it.
Michael Scott SchiffmanFamily Law AttorneyHinsdale, IL ·
If the judge ordered you to pay a portion of fees to opposing counsel, then the judge is presumed to have determined that the fees requested are reasonable and appropriate. As such, you will probably not be entitled to receive a detailed invoice. While you can issue a subpoena, the other lawyer will likely object to you request.
Jeannie Marie RidingsDivorce / Separation LawyerCrystal Lake, IL ·
For a judge to have ordered you to pay fees, the attorney would have had to file something that set forth the itemization you want. The judge needed to make a finding about the time spent and fees accrued. Could it have been an attachment to an earlier pleading, where the attorney first asked for payment?
If you already paid it is probably too late to request the bill since the judge presumably found that the fees were be reasonable. If it is a divorce case you can try to get the bill to see total fees paid as they are supposed to be treated as advances against the marital estate but the attorney may object or respond by blacking out the charges.
