On June 5, 2017 the Appellate Division approved for publication its opinion in the matter of TMS-v-WCP, A-4900-15T2, which involves reinstatement of a final domestic violence restraining
For attorneys and litigants alike, the legal fees attendant to the handling of a divorce matter are an important consideration. When it comes to legal fees, time is money. Because our Rules of Court prohibit the handling of divorce cases on a contingent fee basis, legal services are billed based upon the actual time spent working on the case at an hourly rate and charged against an initial retainer amount to be paid by the client. When prospective client asks how much in legal fees the divorce will cost, I explain that there are too many variables to give a precise estimate, including the number and complexity of the issues involved, the level to which those issues are contested, the reasonableness of the other spouse and/or attorney in regards to their positions, cooperation and/or course of conduct during the process, and the extent litigation or court involvement is needed to resolve those issues. Several years ago I wrote a blog post suggesting five ways a client might be able to reduce their legal fees in a divorce. However, prospective clients sometimes ask how we come up with the initial retainer fee amount requested to commence their representation in a given case. Candidly, I have found that there is no set formula or uniform approach upon which a given attorney or law firm will quote an initial retainer amount to a prospective client, and that is true with this firm. However, as with the overall legal fees that might be incurred in a given case, I explain that there are a number of variables which bear upon the amount of an initial retainer. This blog post will address some of them.
First, it is important to discuss what an initial retainer is not. From the outset a prospective client must not be given the impression that the amount of an initial retainer represents the actual or full amount of legal fees their case will cost. If fee disputes arise, this is often a common refrain clients make. At the outset, the attorney must make clear to the client that the amount being requested for an initial retainer is just a baseline amount to commence representation in the matter, an amount sufficient to cover a core level of anticipated legal services based upon the attorney or firm’s hourly rates. The client must understand that the total legal fees may likely be more, depending upon the variables noted above and the facts and circumstances of their case. That should be reflected in writing, preferably in the Retainer Agreement itself to be entered into between the attorney and client as mandated by Rule 5:3-5(a). Nor should a retainer amount be driven by an emotional reaction to a client or his/her circumstances. Both the attorney and client must recognize that they are still entering into a professional business relationship, and the financial terms of that relationship should be determined accordingly.
Again, what goes into setting a retainer fee varies from attorney to attorney or firm to firm. Some attorneys have established fixed retainer amounts for given types of cases and stick to those amounts – a retainer to handle a divorce is such and such. Some may have established fixed retainer amounts depending upon whether certain issues are involved. Obviously, the amount of a retainer fee will also depend upon the hourly rates of the attorney(s) handling the matter – the higher the hourly rates, the larger the retainer necessary to cover a baseline amount of legal services. For some attorneys, the retainer fee may simply be a multiple of their hourly rates times a baseline number of hours. The number of hours may reflect an attorney’s estimate of the minimum amount of legal services a case may take if everything – and I mean everything – went perfectly.
Summer is upon us. Summer brings with it holidays, family time, holiday preparations and expectations, and some stress brought on by kids being home for the summer. The reality is that families that have problems often argue and fight at holiday time. The summer is unkind to rocky relationships. Continue reading
In the published opinion in the matter of Division of Child Protection and Permanency v. T.U.B. & J.E.C., (A-2565-15T2) the trial court terminated the Defendant’s parental rights in a Title 30 guardianship case based upon the admission of hearsay statements by children about corroborated allegations of abuse or neglect pursuant to N.J.S.A. 9:6-8.46(a)(4). The hearsay statements made by the children involved allegations of sexual abuse that were later in part recanted by one of the non-testifying child declarants. Continue reading
We have all now probably seen or heard the public service announcement of “If you see something, say something.” which is usually in the context of witnessing suspicious package or person. On May 17, 2017 the Supreme Court of New Jersey, in affirming the ruling the of the Appellate Division in the case of New Jersey Division of Child Protection and Permanency v. J.L.G and In the Matter of B.G., M.A and M.G., (A-1746-13T2), sent a clear message to individuals that witnessing a domestic partner abuse a child and doing nothing to stop that abuse can lead to a finding that the witness also abused the child. Continue reading
This week the Honorable Stephen Hansbury, P.J. Ch. published a Superior Court opinion that demonstrates how technology and social media is changing the legal landscape and creating new challenges and solutions. In the published opinion in KA v. JL, in which Judge Hansbury addressed a cause of action that occurred based on a defendant’s use of social media, whether a New Jersey court can obtain personal jurisdiction over an out of state litigant over his use of social media, and whether pleadings may be served via social media. Continue reading
I was at a social event recently. A woman attending that event, after learning that I was a divorce attorney, came up to me. She told me that her ex-husband had just filed court papers seeking to modify or terminate her alimony payments. With indignation in her voice she explained that “He can’t do that because I have permanent alimony!” It was obvious that this person had taken the word “permanent” literally, and believed that her alimony rights were forever immutable. She seemed genuinely shocked when I explained, without getting into the details of her case, that even “permanent” alimony may be modified or terminated upon a showing of a substantial change in circumstances. Continue reading
There is a saying among realtors that the first offer is usually the best offer. Why is that? Because the first offer is made when the property is freshly on the market. When real estate sits buyers become suspicious. There is also the cost of holding the property to factor in. The first offer likely saves the seller from incurring more tax, mortgage, utility and upkeep costs. There is a lot to be said about the psychological benefits of a fast deal as well. No worry, no uncertainty, no sleepless nights. Continue reading
This week the media was abuzz with news of the demise of another celebrity marriage, this time with the separation of professional basketball player, Carmelo Anthony, from his wife Lala
Anthony. The Anthony’s have been married since 2010 and have a 10 year-old son. Their potential divorce raises questions about what would happen with their assets and who would get custody of their son in their divorce, were such a case to arise in New Jersey. Continue reading
On Friday, billions of people around the world observed the Christian Holy Day of Good Friday. It marks the day that the Trial of Jesus of Nazareth occurred and when he was sentenced to death for failing to deny that he believed himself to be the Son of God. Christians believe that Jesus willingly suffered and died by crucifixion as the ultimate sacrifice for the sins of humanity (1 John 1:10). Easter Sunday celebrates Jesus rising from the dead, an event which is referred to as the Resurrection. Set in the springtime every year and often close to the Jewish Holy Day of Passover, Easter symbolizes a time of rebirth and renewal. Holy Thursday, which occurred yesterday, marks the event of the Last Supper of Jesus and his Apostles, during which the group were celebrating a Passover Seder when Jesus informed the group that he would be betrayed by his followers. Continue reading