Frankel v. Frankel

OPINION OF THE COURT

H. Miller, J.

In this case we are asked to decide whether former counsel for a spouse in a matrimonial action may apply in their own name within that action, against the adversary spouse, for fees for legal services previously rendered.

The facts, as relevant to this appeal, are as follows. Among other things, former counsel represented the wife through over 30 days of the child custody phase of the parties’ trial. On March 12, 2001, the trial court ordered the husband to pay the wife’s counsel $25,000 in pendente lite attorney’s fees. Shortly thereafter, the wife discharged…