Kentucky Supreme Court Affirms Favorable Decision for Regard Law Group Client

At Regard Law Group, we are committed to fighting for the best outcomes for our clients. We are proud to share that the Kentucky Supreme Court recently affirmed a significant decision in favor of our client. This victory showcases the depth of our dedication and expertise in navigating complex legal challenges by Andre Regard and his legal team.

The Case Background

The case involved a dispute regarding attorney fees in a family law matter. Our client faced an unjust attempt to apply Kentucky Civil Rule (CR) 68, a procedural rule often used in civil cases, to a family law dispute. Applying this rule would have been inconsistent with Kentucky’s statutory family law framework.

Key details of the case include:

• The opposing party sought attorney fees under CR 68, claiming entitlement based on an unaccepted settlement offer.
• The Pulaski Family Court ruled against this request, stating that CR 68 does not apply to family law matters.
• The Kentucky Supreme Court upheld this decision, emphasizing the importance of equitable resolutions in family law cases.

The Court’s Decision: 3 Key Points

The Kentucky Supreme Court’s opinion delivered several crucial findings:

1. Inapplicability of CR 68 in Family Law:
   • The Court determined that CR 68 cannot override Kentucky Revised Statute (KRS) 403.220, which governs attorney fees in family law matters.
   • KRS 403.220 emphasizes fairness, considering the financial resources of both parties rather than enforcing procedural penalties.
2. Preservation of Family Law Integrity:
   • Family law matters are non-adversarial and focus on equitable resolutions rather than creating winners and losers.
   • Applying CR 68 could undermine Kentucky’s commitment to no-fault proceedings and disrupt amicable dispute resolution.
3. Fairness and Discretion in Attorney Fees:
   • The Court reaffirmed the trial court’s discretion in awarding attorney fees, ensuring that financial disparities do not disadvantage one party.

Why This Decision Matters

This ruling is a victory for our client and a significant moment for family law in Kentucky. It reaffirms that family law disputes must prioritize fairness and equity over rigid procedural rules. The decision also highlights the importance of ensuring access to justice without financial intimidation.

How Regard Law Group Can Help You

At Regard Law Group, we stand ready to defend your rights and advocate for fair outcomes, even in the most challenging cases. Whether it’s a family law matter, personal injury claim, or any other legal issue, our experienced team is here to guide you every step of the way.

Have questions about your legal rights or need representation in a family law matter? Let our experienced attorneys provide the support you deserve. Contact us today at 859-281-1318 or through our website for a consultation and learn how we can help you achieve the justice you deserve.