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endobj forth in the attached Memorandum of Points and Authorities. All you have to do now is find the matching short citation in the box, click on it, then click Mark: Again, if you trust Word to locate the next citation, use the Next Citation button and repeat the process, or scroll through your document to find the rest of your authorities manually. The fourth edition of this indispensable book takes account of developments including: As the former president of the Family Division, the Right Honourable Sir James Munby said in the foreword to the fourth edition, the Protocol distils the important elements of practice and procedure and provides clear and helpful guidance to family practitioners. 1. The most important issue should be the lead-in. Joint guidelines on dealing with litigants in person (LiPs) published by the Law Society, the Bar Council and CILEx. Added FC600 publication page to the document collection. In general, you will need to include What happened (the facts) What the law says about this issue How that law supports what you're asking the judge to do. single choice. Leave to file a supplemental pleading should be freely given where, as here, the supplemental facts connect it to the original pleading, and . Solicitors must bear in mind that they cannot be retained by clients incapable of giving instructions (SRA Code of Conduct 2011, Chapter 1, indicative behaviour 1.6). 1. Not Knowing Can Rock Your World. Here's where the path diverges a bit. (b) On motion by any person requesting sanctions under this section, the court shall issue its order to show cause why the requested sanctions should not be imposed. (b) The compensation shall be limited to (1) the reasonable expenses incurred for or on behalf of a child, resulting from the other parent's failure to assume caretaker responsibility or (2) the reasonable expenses incurred by a parent for or on behalf of a child, resulting from the other parent's thwarting of the parent's efforts to exercise custody or visitation rights. It's the dreaded, Marking the second or subsequent citation of an authority, A Necessary Preliminary: Turn OFF Show/Hide, Problem 1: Incorrect citations (video demo), Problem 2: Cases or other authorities missing from the TOA, Problem 3: Cases in footnotes not listed in the TOA, Problem 4: A single case or other authority listed twice, Problem 5: Case citations wrapping awkwardly, Video: Hacking TOC to produce a Table of Points & Authorities, Before you refresh one last time and print/pdf, Update/refresh all fields and make a final check. Once you click that button, you'll be taken to a dialog box that looks like this: If everything here looks good, you can click OK, and the Table of Authorities will be inserted. Notwithstanding the outcome of the particular discovery motion, the court shall impose a monetary sanction ordering that any party or attorney who fails to confer as required pay the reasonable expenses, including attorneys fees, incurred by anyone as a result of that conduct. OFF. After several years, Mother is offered the opportunity to travel to Europe for 12 months for her job. I. To find out how other cases have dealt with your case: Go to lexisnexis.com/lawschool. Great site. From The Educator's Room. Americans Are Poorly Informed About Basic Constitutional Provisions. If for some reason you don't like the order these are in or the name of a particular predefined one, you can rename the first seven, too. Bob Nylander Pdf Dictionary. If one of your cases or other authorities isn't listed in the TOA, you've forgotten to mark it. In other words, if someone else edits this document and refreshes the TOA, the categories will not reflect your changes.). Microsoft Word for Lawyers - Dane S. Ciolino, 7 Ways To Screw Up A Table of Authorities - Legal Office Guru, How to recycle your [legal] briefs safely - Legal Office Guru, Click your cursor inside your Table of Authorities, Select correct Style (TOA Heading for the headings, Table of Authorities for the individual entries) and click, Uncheck all the boxes shown in yellow and check the box shown in green below. Equally, solicitors must be alert to any information suggesting that the other party maybe under a disability and in need of a litigation friend. Section 271 exists to: Encourage meaningful discussion between divorcing spouses; Accelerate the settlement process. 2013 sale of the parties' jointly titled family residence located at BigHorn. Me, I'm a bit more paranoid and like to double-check behind it. The distance of the move; 2. An ex parte application for an order must be accompanied by an affidavit or a declaration showing: (1) that the applicant informed the opposing party when and where the application would be made no later than 10:00 a.m. on the court day before the application was made and the notice given, including the date, time, manner, and name of the party . (Tutorials Point, 2021) Furthermore, the SDLC used in this project is the Waterfall model. Hutchings said his program cost $10,000 and required that Gordon sign a contract. See the Law Societys practice note on anti-money laundering(October 2013). Free speech and sample memorandum of points and authorities family law and well as to cease or response time of legal services. The first citation of any case or other authority should be the only one marked with a "long" citation (see the Gupta illustration just above for an example of that TA code); all subsequent citations to that authority must be marked with a "short" citation (like the Harris TA code shown just above). Domestic Violence Tort Action -- Code of Civil Procedure 1708.6 -- The court, in an action pursuant to this section, may grant to a prevailing plaintiff equitable relief, an injunction, costs, and any other relief that the court deems proper, including reasonable attorney's fees. Any application to the court should be made at the earliest available opportunity upon receipt of evidence confirming the clients incapacity. Family law also traditionally has to do with matters of personal statusfor example, the question of whether a person is to be considered married or single, legitimate or illegitimatethough the incidents and importance of these distinctions often derive from the law of property. In this case (no pun intended), it belongs in the first category, "Cases." [200.31] Interstate Disputes 4. The Family Law Protocol is the standard by which the 18,000 family law solicitors of the Law Society are judged.. It's the essential text and invaluable good practice guide for all family law practitioners. For #1 below, an example is prepared. In re Marriage of Petropoulos (2001) 91 Cal.App.4th 161. g. $3,000 sanctions for bogus spousal abuse charge proper; amount of sanctions need not compensate for all related fees and costs expended. Posted by TehachapiCourtServices.Com 27 yrs in Lawyers, Paralegals, Legal Secretaries | Permalink, Reblog /Size 45 Meet Our Students. A legal writing sample not to exceed 10 pages (for which the applicant was the primary author - with only minor (if any) edits by others). Pricing of these three products, however, is not available on their respective websites; you must go through the sales process with each vendor. But if you're in a heavy appellate practice or practicing before a court with unusual requirements, upgrading to a specialized plugin is a good idea. TeachBlade's Paralegal Student Who Became a Beverly Hills Lawyer, Demetria Graves, Elite LA Law Firm, Offices in Beverly Hills and Pasadena, CA. . It's the dreaded Table of Authorities. Whenever a motion is filed with the court it must be accompanied by a supporting memorandum of points and authorities. This page was printed on 05/03/2023 and the up-to-date version can be found online at https://www.lawsociety.org.uk/topics/family-and-children/family-law-protocol, Senior Advisory Lawyer (Education/Health/Social Care), family court resources section of the website, Joint guidelines on dealing with litigants in person, Law Societys practice note on anti-money laundering. << ("Family Plaintiffs) who challenge the decision of the Bureau of Prisons ("Bureau" or "BOP") to 0000000017 00000 n Enquiries can be made by: Consider also the Official Solicitors practice note: The Official Solicitor to the Senior Courts: Appointment in Family Proceedings and Proceedings under the Inherent Jurisdiction in Relation to Adults [2013] Fam Law 744, and the Presidents guidance written in liaison with the Official Solicitor: Guidance in Cases Involving Protected Parties in which the Official Solicitor is being invited to Act as a Guardian Ad Litem or Litigation Friend [2011] 1 FLR 943. When one spouse tries to undermine these goals, Section 271 can be used to punish that spouse for their misconduct. Cases that are distinguishable on the facts from your case. Do consider if there are such issues including, for Europe, the impact of the Council Regulation (EC) 2201/2003 (Brussels II revised). . c. Expenses pursuant to this section shall not be imposed except on notice contained in a party's moving or responding papers; or the court's own motion, after notice and opportunity to be heard. Using the Show/Hide button (again, it looks like a in the middle of the Home tab) and a basic knowledge of the switches in the markup, you can check your marked citations and even troubleshoot and fix later problems with your Table of Authorities. point) . But it's your call. d. In addition to any award pursuant to this section for conduct described in subdivision (a), the court may assess punitive damages against the plaintiff upon a determination by the court that the plaintiff's action was an action maintained by a person convicted of a felony against the person's victim, or the victim's heirs, relatives, estate, or personal representative, for injuries arising from the acts for which the person was convicted of a felony, and that the plaintiff is guilty of fraud, oppression, or malice in maintaining the action. The need for the award to enable each party, to the extent practical, to have sufficient financial resources to present the party's case adequately, taking into consideration, to the extent relevant, the circumstances of the respective parties described in Family Code 4320. PARALEGALS: GIVE THE JUDGE'S EYES A BREAK! /L 74010 (6) Making an evasive response to discovery. One false move with the mouse, and a citation can go kablooey. A Memorandum of Points and Authorities, is a Mandatory Component for all Motions in Family Law Courts of California. If you have more than one long citation code for one particular authority, that will cause that authority to appear twice in your TOA. /Prev 73274 Nuts and Bolts of Declaration Preparation. Click on the red button Check. Prevailing Party in UCCJEA Actions -- Family Code 3452(a) and 3450(b) -- The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorneys fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate. >> We use some essential cookies to make this website work. The table of authorities, often called a TOA, is frequently a legal requirement for litigation briefs; the various state courts have different rules as to what kinds of . Here's a brief video tutorial on how: For all you billable timekeepers out there who are too time-crunched to watch a six-minute video, here's the short version: Obviously, since this is a document you're going to be submitting to the court, you want everything to be absolutely right. This is especially important as the law as well as "common practices" Don't Screw The Pooch! Troubleshooting your TOA Problem 1: Incorrect citations (video demo) Problem 2: Cases or other authorities missing from the TOA Problem 3: Cases in footnotes not listed in the TOA Problem 4: A single case or other authority listed twice Problem 5: Case citations wrapping awkwardly What about Points and Authorities? /Length 2719 /ID [<43324689e94168c27a74b11bc5173e7d><43324689e94168c27a74b11bc5173e7d>] (2) Your signature. (0) o + ] " ] o ]endstream Attorney-drafted papers filed in court must comply with the California Rules of Court, e.g., the lines of the paper must be numbered consecutively (Cal. There are specific rules about the service of a petition on children or protected parties (FPR rule 6.14). If you've inserted your TOA and aren't 100% happy with the formatting perhaps you want the indentation changed, the category heading fonts to be different, whatever then you'll need to tweak the Styles associated with those items. /H [ 730 464 ] (Note: to view this full-screen, click the "box" button near the lower-right-hand corner of the video player.). But, seriously, I'm a law firm software trainer by trade with nearly 30 years of experience in and around law firms and their technology. Did an email must be presiding family law memorandum of family laws of a memorandum of the next few issues in the emerging rights with a reference. The general format is Issue/Rule/Analysis/Conclusion (I.R.A.C). Remedy for Breach of Fiduciary Duty -- Family Code 1100(e) -- Remedies for breach of the fiduciary duty by one spouse, including those set out in [Family Code 721 and Family Code 1100], shall include, but not be limited to, an award to the other spouse of 50 percent, or an amount equal to 50 percent, of any asset undisclosed or transferred in breach of the fiduciary duty plus attorney's fees and court costs. (See also In re Marriage of Rossi (2001) 90 Cal.App.4th 34 for fees under Family Code 1101(h)). 510 U.S. 17 (1993). Since you've already marked this case or other authority once, you don't need to assign it to a category or designate a short citation. It has to do with "law and. MEMORANDUN'I OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORAR . A phenomenal group of legal professionals building their businesses together! For the purposes of this section, 'person' includes a witness, a party, or a party's attorney. 0000004523 00000 n http://t.co/buCSvE0Vtz, CA FAMILY CODE "IN A NUTSHELL" FOR POINTS & AUTHORITIES, Teachblade, a National Honor Society Member, 51 Years, Teachblade, an American Bar Association, Non-Attorney, Associate Member #128560, Teachblade, an NBA Non-Attorney, Associate Member #128560, Rickey Ivie of Ivie, McNeil & Wyatt, Bunker Hills-LA, Leimert Park, Ontario, CA. Family Code 271 (a) Notwithstanding any other provision of this code, the court may base an award of attorneys fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys. https://t.co/L8yYNbqyxk, RT @teachblade THIS Interview of @MitchJackson by @ChrisBrogan- CHANGED MY LIFE in 20 minutes. This will probably be pretty obvious in most cases (see list above). Of Deeds. The Official Solicitor is the litigation friend of last resort. Form. Teachblade, Formerly with predecessor of Ivie, McNeil & Wyatt, wins $Multi-Million Settlement for Wrongful Termination, Incomparable International Singer, Eloise Laws, Broadway Production of "Ain't Nothing But The Blues", Wife to Attorney Rickey Ivie, of Ivie, McNeil & Wyatt. In re Marriage of Bergman (1985) 168 Cal.App.3d 742, f. Wife had adequate notice she might be sanctioned under FC 271 and had ability to pay sanctions; whether or not separate hearing required, Wife waived issue. 3663 (Victim and Witness Protection Act of 1982). In re Marriage of Stich (1985) 169 Cal.App.3d 64, cert. (11) Labor and Necessity for Skilled Legal Training and Ability in Trying the Cause. You can do a quick visual check (just scroll through the brief) or use the Find feature to look for strings of text common to citations (like "v."). The FTC enforces federal consumer protection laws and federal antitrust laws.<br> <br> The goal is to provide representation in legal casework by assisting attorneys in obtaining factual information to support . This model is called the Waterfall . California Family Code 1101 (g) describes this punishment as follows: " Remedies . Amount of sanctions properly measured by reasonable attorney fees incurred in defending against frivolous appeal, In re Marriage of Economou [Economou II] (1990) 223 Cal.App.3d 97, j. Appellant's conduct in filing brief which constituted "travesty" warranted award of fees to respondent on remand from appeal, In re Marriage of Green (1989) 213 Cal.App.3d 14. k. Court may award sanctions for reprehensible conduct falling short of bad faith per former Civil Code section 4370.5In re Marriage of Norton (1988) 206 Cal.App.3d 53. l. Amount of sanctions determined, in part, by offending party's wealth; $10,000 awarded. Tehachapi Court Services. Guidance Training Reserve; Honey A Warming Ham For; Catalyst Real Estate Professionals . Code of Civil Procedure 177.5 - A judicial officer shall have the power to impose reasonable money sanctions, not to exceed . Cases in the Supreme Court or Court of Appeals Legal writing California Points and Authorities is a book which you can find at the Orange County Public Law Library that can help you draft the Memorandum of Points and Authorities. . FOR WRIT OF MANDATE . (For those who don't know, a Table of Points and Authorities is a sort of amalgam of the Table of Contents and Table of Authorities, so that the authorities cited are listed under each of the brief's headings rather than divided by Cases, Statutes, etc.) Sample Sample Parents. //> (c) The court in a proceeding for dissolution of marriage or legal separation, may, prior to the determination of the motion to transfer, consider and determine motions for allowance of temporary spousal support, support of children, counsel fees and costs, and make all necessary and proper orders in connection therewith. An example of a TOA code for the first occurrence of an authority citation. CALIFORNIA FAMILY CODE "IN A NUTSHELL" . While working in a California Family Law Office, the following California Family Code provisions will be supporting authority for your draft of a Memorandum of Points and Authorities, for just about every Motion you would be filing in a CA Family Law Court. The ranch plots run in size from a plot that upheld one family, to large plantation plots claimed by rich individuals who enlisted several sub plot farmers. Yeah, my training document is littered with those, for training purposes (see the Problem 1 section). This will enable solicitors and clients to understand each others expectations and responsibilities. standard for summary judgment) Analysis/Argument. endobj Amount of sanctions not limited to actual out-of-pocket costs to other side ($100,000) In re Marriage of Quay (1993) 18 Cal.App.4th 961, c. Sanctions were assessable against Wife for her efforts to avoid her share of income tax liability; court's giving her one last chance to avoid them was proper. This process is governed in California by the most current version of the California Rules of Court 3.1113. Family Code 3027.1 Sanctions for false accusations of child abuse - If a court determines, based on the investigation described in [Family Code 3027] or other evidence presented to it, that an accusation of child abuse or neglect made during a child custody proceeding is false and the person making the accusation knew it to be false at the time the accusation was made, the court may impose reasonable money sanctions, not to exceed all costs incurred by the party accused as a direct result of defending the accusation, and reasonable attorney's fees incurred in recovering the sanctions, against the person making the accusation. Simpson#celebrateblackhistory #blacklawyersmatter #mbbanyc pic.twitter.com/rZO8Zqvo8y, Bad is going to lose By Gary Vaynerchuk https://t.co/CsBbFAYivN via @YouTube, NUTS AND BOLTS OF DECLARATION PREPARATION. Work is well underway to update the 5th edition of the Family Law Protocol, the authoritative set of best practice guidelines endorsed by the president of the Family Division, the Association of Lawyers for Children, Cafcass, the Family Law Bar Association and Resolution. An award of attorneys fees and costs pursuant to this section is in the nature of a sanction . Chapter 1 refers to a number of indicative behaviours to achieve the required outcomes. [200.28] Family Court Proceedings 2. Although I'm no Bluebook expert, either, here's an example using this case: "Do I want Word to find all citations to this authority in this document, or do I want to find them myself?" If you catch them citing bad law, you may have just won your case. It must be written in a simple, precise, brief, and articulate manner. This chapter details those overarching matters family lawyers must consider in order to promote their clients best interests. If you turn on Show/Hide (by clicking the button that looks like a paragraph symbol in the Paragraph section of the Home tab), you can see this hidden text: Between the two curly brackets {} are codes that tell Word what table this is marked for (TA = Table of Authorities), what the long citation is (l), what the short citation is (s), and what category to place the authority in (c 1 = "cases"). Inconvenient Forum in UCCJEA case -- Family Code 3427(e) ) If it appears to the court that it is clearly an inappropriate forum, the court may require the party who commenced the proceeding to pay, in addition to the costs of the proceeding in this state, necessary travel and other expenses, including attorney's fees, incurred by the other parties or their witnesses. 20 Criminal Law (Second Amendment) Act 2011 criminalized acid crimes . TeachBlade's Mentor & Friend 40 Years, Listen to the Moonlight, sung by International Singer, Eloise Laws, Attorney, Rachel Lynn Foley, Weighs In On "Lawyers Advice to Paralegals", RAIN MAKER'S BLOG by Dave Lorenzo: Know Your People . ], it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. Screening the Client B. Who knows, "Mark All" (or you) might have missed something. The subsequent chapters provide a wealth of information as regards particular areas of practice. Developed by us, in association with Resolution and other leading organisations, the first edition was published in 2001 with subsequent editions following in 2005, 2010 and the current . C. Maintaining Efficient Billing Practices, II. May 11th, 2018 - Sponsor Letter Sample There is no requirement for a sponsorship letter or declaration for a spouse visa These letters I have a sample of my support letter Spousal Support Forms for Ontario Family Law Issues May 11th, 2018 - Certain forms are required for spousal support claims in the province of Ontario Find these | Skyline Omega. THERE ARE MORE WAYS THAN ONE "TO SKIN A CAT". Welfare and Institutions Code, Annotated, of the State of California, Adopted May . Solved sample paper for human rights law 1.in kiobel royal dutch petroleum co. (568 108) (2013), the court held that:required to answer. % It is bad practice for proposed respondents to then issue proceedings to pre-empt the proposed application and this will result in: There may be good reason for breaching the above, particularly if Brussels II revised applies, but the onus is on the party in breach to justify their actions. - Paralegal Brain The Blog https://t.co/nTufgGGhuw, I know Paralegals are on their game, but these Tips will help, to stay on top of their game, by staying a step ahead of their Lawyer. Such a party must have a litigation friend to conduct proceedings on his or her behalf. Form FL430: Application for leave to apply for a Forced Marriage Protection Order. This page is available in Welsh (Cymraeg). 0000005470 00000 n e. The liability imposed by this section is in addition to any other liability imposed by law for acts or omissions within the purview of this section. It will take only 2 minutes to fill in. >> K. Unjustifiable Conduct in UCCJEA case -- Family Code 3428(c) -- If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subdivision (a)[a party seeking to invoke its jurisdiction has engaged in unjustifiable conduct . Michael spends two to three evenings a week and his free time on weekends in the get-a-way, writing and listening to music and watching television. Petitioner refuses to allow the release of any of the $2,236,000 for any purpose. Now that your pagination has returned to normal, you need to refresh your TOA (and any other field-driven tables like your Table of Contents). Type the citation for the case that you want to Shepardize in the text box. (4) Failing to respond or submit to an authorized method of discovery. Use the Email Tap to the Left to contact us. In re Marriage of Battenburg (1994) 28 Cal.App.4th 1338. h. Sanctions ordered paid to court for frivolous appeal In re Marriage of Schnabel [Schnabel IV] (1994) 30 Cal.App.4th 747, i. A "points and authorities" is the law that applies to a particular request. Plaintiffs, by and through counsel, respectfully submit this Memorandum of Points and Authorities in Support of their Motion for a Temporary Restraining Order and a Preliminary Injunction, pursuant to, inter alia, Rule 65 of the Federal Rules of Civil Procedure and 42 U.S.C. 2201. Serving as a practical guide on whether to appeal a family court decision, and then how to proceed with the appeal, this is a valuable resource for both the newer and more seasoned family lawyer, and it fills a void in the literature by focusing on the unique issues involved in appealing a family law case. >> . 0000004287 00000 n 5. I will be directing my students to review your instructions. If you've got Show/Hide turned on (click the paragraph symbol in the middle of the Home tab), you'll see something like this around your citations: TURN. /Info 28 0 R (2) "Frivolous" means (A) totally and completely without merit or (B) for the sole purpose of harassing an opposing party. All this clicking and decision-making results in a very long, complicated code that's embedded next to each authority. It is possible to manually force a citation to wrap the line at a particular point. (Sample Form C.) If you are filing in paper form, these should all be stapled together in one document, with the caption page of the motion to augment in front. Solicitors should bear in mind that they may be personally liable for costs for purporting to act without authority on behalf of a person under a disability, whether or not that disability has been established by medical evidence (Yonge v. Toynbee [1910] 1 KB 215). MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF SAN DIEGO COUNTY WATER AUTHORITY'S MOTION TO CONSOLIDATE CASES Case Nos. Mother and Father share joint physical custody of their one child; meaning each party has 50/50 care. } https://t.co/DC0JRdAX3A, Have you joined https://t.co/LbqrxEs8EY? The court shall rule on any motion made pursuant to this subdivision within 15 days and prior to the entry of any judgment), C. Family Code 2032 - Attorneys Fees Awards During Marital Dissolution --Factors the court may consider, 1. Collecting Attorney's Fees . If you see a citation that doesn't have that sort of hidden text near it, you've forgotten to mark it. b. Your court's Self-Help Center may have samples or a template you can look at to see what type of information you need to include in your request. A short cite (a second or subsequent citation of a case) will have hidden text that looks like this: Once you've marked and checked your citations, inserting the TOA is relatively easy. Matters to be heard in the Family Law Department shall include: A. Deborah In project management, there is one model that has been present for a very long time. | Save to del.icio.us. Once you click Mark or Mark All, the dialog box records your short cite like so: Click Close to complete marking the citation, or click Next Citation if you want Word to find the next citation for you to mark. I spend an inordinate amount of my time playing with computers and attempting to explain technology to lawyers and law office staff. IT. The procedure and basis for the appointment of a litigation friend are contained in FPR Part 15 (Representation of protected parties) for adults, and FPR Part 16 (Representation of children and reports in proceedings involving children) for children. The process starts exactly the same way: Select the citation using either your mouse or keyboard. All orders to show cause must be appropriately signed out for service. /O 32 She brings the damn table.". The forms to request any order from the court in family law is the same; FL-300. (13) Financial Circumstances of the Paying Spouse May Be Considered. 0000030813 00000 n Death States Body. Sanctions may be accessed for bad faith/overly onerous settlement offers. shall include, but not be limited to, an award to the other spouse of 50 percent, or an amount equal to 50 percent, of any asset undisclosed or transferred in breach of the fiduciary duty plus attorney's fees and court costs.