Can an attorney who is not a party to a proceeding make a motion in his own behalf for attorney's fees?

California, United States of America


The following excerpt is from Blythe v. Cnty. of Riverside, E055186 (Cal. App. 2014):

7. Traditionally, "one who is not a party to a proceeding may not make a motion therein." (Marshank v. Superior Court (1960) 180 Cal.App.2d 602, 605.) In Marshank, a former attorney for the wife sought from the husband by way of an order to show cause, payment of his attorney fees. In finding that the attorney in his own right could not seek attorney fees, the court stated: "[The attorney] . . . has no right to make a motion in his own behalf, as distinguished from a motion in behalf of his client for an award of attorney's fees in said action. . . . The attorney for such party has no separate equity in the counsel fees awarded to his client but instead his right thereto is derived from his client." (Id. at p. 607.)

Other Questions


Can an attorney or party who files a frivolous motion to disqualify or harass an opponent to delay litigation be sanctioned by paying the attorney fees and costs incurred by the opposing party? (California, United States of America)
When is a party seeking attorney fees from a party who is not a party to the litigation? (California, United States of America)
When a party opposing an attorney fees motion fails to request a statement of decision with specific findings, does the party have to affirmatively show error on the part of the trial court? (California, United States of America)
Can an attorney fee provision in a contract allow a plaintiff to claim attorney fees against the opposing party? (California, United States of America)
What is the test for imposing a sanction including an order requiring an attorney for one party to pay attorney fees for an opposing party? (California, United States of America)
Can a contractual attorney's fee provision allow the prevailing party to recover attorney's fees in a non-contractual or tort action? (California, United States of America)
Is a plaintiff entitled to recover time, attorney fees and attorney fees incurred by a plaintiff in a personal injury action against a third party? (California, United States of America)
When a contract contains a provision for attorney fees, can a successful party recover attorney fees? (California, United States of America)
Is a motion for attorney fees allowed in a divorce proceeding which "grow[ out of" the divorce proceeding? (California, United States of America)
Does a party have to request statutory attorney's fees as damages in a motion or answer? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.