GAL Fees Case Analysis

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The effect of the decision is to increase the likelihood that attorneys appointed as guardian ad litems will get paid, at least some of their fees, and shifting part of the risk that the nonprevailing party will not make court-ordered payments to the prevailing party, away from the attorney.

Pursuant to sec. 767.045(6), the court could have held that Vangelos should pay the entire GAL fee, rather than splitting the obligation between the two parents and then holding that Vangelos must reimburse Bernier for his half of the payment.

From a GAL’s perspective, however, the approach the court endorses is preferable.

Suppose the prevailing party is financially secure, but the nonprevailing party has no money. If the circuit court orders the nonprevailing party to pay the entire GAL fee, the GAL will either not get paid, or will only get paid slowly over time.

Under the court’s procedure, the GAL will at least get paid half of the fee promptly in this situation, although the GAL will still have to try to get the other half from the nonprevailing party. The prevailing party is burdened with the task of obtaining reimbursement for the other half that he paid for the GAL’s services.

	Related Links Wisconsin Court System Related Article Prevailing party entitled to GAL fees

An interesting question is who should get paid first.

Suppose the GAL’s fee is $2,000. The court orders the parties to each pay half, and pursuant to this case, that the nonprevailing party reimburse the prevailing party for his share. The prevailing party promptly pays his $1,000.

Both the prevailing party and the GAL then seek an order that the nonprevailing party pay them $1,000, but the court determines that the nonprevailing party has no money and can only afford to pay $100 per month. Should the GAL be paid off first, or the prevailing party, or should they each get $50 per month?

Presumably, it is the GAL who should get paid first, consistent with the court’s policy decision to protect, where possible, that a GAL gets paid his fees.

– David Ziemer

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David Ziemer can be reached by email.