A Georgia attorney’s fee award must rest on an identifiable statute, and the findings it needs depend on which one: OCGA 19-6-2 or OCGA 9-15-14.
Two Statutes, Two Tests
An award under OCGA 19-6-2 “depends on the financial circumstances of the parties, not their wrongdoing.” Williams v. Cooper, 280 Ga. 145 (2006). OCGA 9-15-14(b) is a sanction: it allows fees when a party “brought or defended an action, or any part thereof, that lacked substantial justification” or “unnecessarily expanded the proceeding by other improper conduct,” and Williams requires notice that such an award is under consideration.
What Each Award Must Show
A 19-6-2 award needs findings showing the court weighed both spouses’ finances, though the statute “does not require a trial court to make any finding as to the reasonableness of fees.” Reid v. Reid, 348 Ga. App. 550 (2019). A 9-15-14 award must identify the sanctionable conduct and tie the dollar amount to it: in Reid, a $250,000 award under 19-6-2 was affirmed while a $473,394 award under 9-15-14(b) was vacated, because “lump sum or unapportioned attorney fees awards are not permitted in Georgia.”
When the Order Does Not Say
An order that names no statute and makes no findings is sent back. In Cason v. Cason, 281 Ga. 296 (2006), $11,803 awarded for a husband’s “stubborn litigiousness” was remanded “for an explanation of the statutory basis for the award and any findings necessary to support it.” Misconduct language cannot carry a 19-6-2 award. In McGahee v. Rogers, 280 Ga. 750 (2006), an award based on a husband’s “stubborn stance” was reversed because “[t]his language is not consistent with an award of attorney’s fees” under that statute.
If neither party sought sanctions, the courts presume a 19-6-2 award. Simmons v. Simmons, 288 Ga. 670 (2011). And an order citing the wrong statute survives as a scrivener’s error when its findings plainly fit the other. Dallow v. Dallow, 299 Ga. 762 (2016).
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!