In Board of Education v. Commission on Professional Competence (1980) 102 Cal. App. 3d 555, 162 Cal. Rptr. 590, a teacher obtained an award of attorney's fees under Education Code section 13413 which authorizes an award of attorney's fees "incurred by the employee." The appellate court upheld the award even though the teacher's fees had been paid by the California's Teacher's Association to which the employee belonged and paid dues. The court reasoned that the teacher satisfied the statutory requirement of incurring legal fees by paying dues for future representation. "The teacher-member hopes he will never be required to utilize the attorney he voluntarily pays for just as one who bears the costs of fire insurance premiums trusts he will never be forced to collect on the policy. In both situations the party has paid in advance for later benefits if needed." ( Id. at p. 564.)