» Attorney's Fees

Have I Been Wrong for Years?

One of my favorite arguments before the family court and the appellate courts is that fault is not a consideration in attorney’s fees. I support this argument on two primary authorities: First, in E.D.M. v. T.A.M., 307 S.C. 471, 476-77, 415 S.E.2d 812, 816 (1992), the Supreme Court held “In determining whether an attorney’s fee should be awarded, the following factors should be considered: (1) the party’s ability to pay his/her own attorney’s fee; (2) beneficial results obtai… Read More

About The Authors

Thomas F. McDow's Profile Image
Thomas F. McDow is the author of Debating SC Family Law, a blog devoted to discussing family law and appellate court issues in South Carolina. Read More
Erin K. Urquhart's Profile Image
Education: Spartanburg Public SchoolsWinthrop University, B.A. 2003University of South Carolina, J.D. 2006 Admitted: All South Carolina courts and the United States District Court for South Carolina, November 13, 2006 Professional Activities: South C… Read More

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Recent Comments

These are very helpful comments. I am starting a similar newsletter in WV for my clients and potential clients. Getting the clien...

John B on 03/02/2017
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I am well aware of this conundrum. That's why I called it "When you absolutely cannot or will not hire a lawyer (for your divorce)...

J Burton Hunter III on 12/28/2016
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I agree! Unbundled would be a great help to people like me. I tried to get lawyers to assist me with specific parts of the process...

Nanette Stevens on 12/27/2016
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I haven't followed this thread for awhile. By far the best option is an experienced lawyer who cares about you and your family. Se...

J Burton Hunter III on 12/27/2016
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I absolutely love this discussion on this subject. Involved in a divorce and forced to represent myself due to lack of funds and n...

Nanette Stevens on 12/27/2016
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