Borson Motion: A Comprehensive Guide to Its Legal Implications

Q: Can I file a Borson motion after I have hired new counsel?

No, the Borson motion must be filed before a substitution of counsel is completed.

Q: Is a Borson motion the same as a fee petition?

No, a Borson motion specifically seeks fees from a spouse with the former client&#039;s consent, while a fee petition is a general request for payment from the client.

Definition & meaning

A Borson motion is a legal request made by an attorney who has been discharged by their client. This motion seeks permission to collect fees directly from the client's spouse, provided that the former client has given express or implied consent for this action. If the former client does not consent, the court cannot consider the motion.

This term originates from the case In re Marriage of Borson, where the court established the precedent for allowing attorneys to pursue fee payments directly from a client's spouse under certain conditions.

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Legal use & context

Borson motions are primarily used in family law cases, particularly in divorce proceedings. They allow a discharged attorney to seek payment for services rendered directly from the opposing party, typically the spouse of the former client. This process is relevant in situations where the attorney remains the counsel of record and has the necessary consent from the former client.

Users can manage Borson motions using legal templates available through platforms like US Legal Forms, which provide resources drafted by experienced attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: An attorney represents a client in a divorce case. After the client terminates the attorney's services, the attorney files a Borson motion to collect unpaid fees directly from the client's spouse, with the former client's consent.

Example 2: An attorney is discharged before a trial but has the former client's permission to seek fees from the opposing party. They file a Borson motion, which allows them to join the proceedings for fee recovery. (hypothetical example)

Relevant laws & statutes

The primary case governing Borson motions is In re Marriage of Borson, 37 Cal. App. 3d 632 (Cal. App. 2d Dist. 1974). This case set the legal standard for when attorneys can seek fees from a former client's spouse.

State-by-state differences

Examples of state differences (not exhaustive):

State	Notes
California	Borson motions are recognized and have specific procedural requirements.
New York	Similar motions exist but may be governed by different rules.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Difference
Borson Motion	A request by a discharged attorney for fees from a former client's spouse.	Requires consent from the former client.
Fee Petition	A request for payment of legal fees, typically filed by the attorney against the client.	Does not require consent from a third party.

Common misunderstandings

What to do if this term applies to you

If you are an attorney seeking to file a Borson motion, ensure you have the necessary consent from your former client. Consider using legal templates from US Legal Forms to assist in the process. If you are a former client or spouse involved in such a motion, it may be wise to consult with a legal professional to understand your rights and obligations.

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Quick facts

Typical fees: Varies by attorney and case complexity.
Jurisdiction: Primarily family law cases.
Possible outcomes: Court may grant or deny the motion based on consent and circumstances.

Key takeaways

FAQs

What happens if my former client does not consent to a Borson motion?

If the former client does not provide consent, the court cannot entertain the motion, and the attorney will not be able to collect fees from the spouse.