DEAR ABBY: I am a family law specialist and feel compelled to add my 2 cents' worth regarding the action to be taken by "In Shock and Heartbroken," the dumped and virtually penniless wife of the surgeon. You said she should find an attorney on a contingency basis.
Although in some states attorneys may be able to accept family law cases on a contingency-fee basis, such an agreement in a dissolution action in California is generally thought to be "void against public policy" because, in the event of a reconciliation of the divorcing parties, such an agreement places a lawyer's financial interest in conflict with the client's interest.
However, "In Shock" should have no trouble obtaining counsel for little or no advance fee in California -- given that her husband is a surgeon (and presumably earns substantial amounts of money) -- because California Family Code 2030 provides that a court may make an award of attorney fees and costs to any party in an amount as may be reasonably necessary for attorneys' fees and the amount of maintaining or defending the proceedings. The purpose of this statute is to ensure equal access to legal representation to preserve litigants' rights. -- GEORGIA ANN MICHELL-LANGSAM, ATTORNEY- AT-LAW, ALAMO, CALIF.
DEAR GEORGIA ANN: I have heard from attorneys in at least six states saying exactly the same thing. Thank you for explaining that although "In Shock" may not be able to have an attorney take the case on a contingency basis, her ability to defend herself is still protected under the law.