Swick v. Swick

In Swick v. Swick, 1993 OK 151, 864 P.2d 819, a deceased wife's probate estate was involved rather than a bankruptcy estate. As the Supreme Court observed, "It is correct that the personal representative of wife's estate would be a proper party to move for the attorney fees in this situation." Id. Swick stands for the proposition that the attorney, in addition to the personal representative, has standing to pursue the claim for attorney fees in the divorce proceeding. ("the attorney has a personal interest in those fees sufficient to give him standing to pursue recovery of them in his own right"). Swick does not address who is ultimately entitled to those fees, nor does it stand for the proposition argued by the Law Firm that any fees awarded "go to" the attorney. Id.