Family Law

Attorney's Responsibility for Payment of Service Providers

By Ben Stevens

A question recently came before the Alternative Dispute Resolution Section Council as to what a
lawyer's responsibilities are regarding payment of mediators in connection with a case.  The South Carolina Bar's Ethics Advisory Committee recently answered this question as follows:

Question:  What are a lawyer's responsibilities regarding payment of service providers (court reporters, surveyors, mediators, etc.) in connection with a case?

Answer: The failure to pay a court reporter's fee in a timely fashion has been held by the Court to be conduct prejudicial to the administration of justice. In re Thornton, 342 SC 440, 538 S.E. 2d 4 (2000). Payment of other persons providing services in furtherance of an attorney's request is analogous.

Therefore, if an attorney hires a mediator, the attorney is responsible for ensuring timely payment. If the court orders a mediator, the attorneys should look to the courts for assistance in determination of how the payment will be rendered.

Full post as published by SC Family Law Blog on July 24, 2009 (boomark / email).