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Moses v. Moses

1 Fam. L. Rep. (BNA) 2604 (July 22, 1975)

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Moses v. Moses

Pennsylvania Superior Court

1 Fam. L. Rep. (BNA) 2604 (July 22, 1975)

Facts

Dr. Lawrence Moses (defendant) and Mrs. Moses entered divorce proceedings. Mrs. Moses was represented by Mr. Fox (plaintiff), an attorney who was a personal friend of the Moses family. Mr. Fox expected that his fees would be paid by Dr. Moses. Over 56 days of representing Mrs. Moses, Mr. Fox spent 121 hours on the matter, a great proportion of which took place in personal and phone conversations. Mrs. Moses called Mr. Fox very frequently, at all hours, and they spoke not only about the divorce but also about personal and professional issues. Eventually, Mr. Fox sought to withdraw as counsel because of the excessive demands imposed on his time by Mrs. Moses. For all of the time spent on her case, the result was meager: a $275 weekly support award for Mrs. Moses and her children. The divorce had not been finalized. After his withdrawal, Mr. Fox submitted attorney’s fees of $4,842 and expenses of $112.10. His fee was based on a rate of $40 per hour. The trial court awarded full payment of the fees and expenses sought by Mr. Fox. Dr. Moses appealed.

Rule of Law

Issue

Holding and Reasoning (Cercone, J.)

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