NJSBA Family Law Section

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  • 1.  Correct Region For fee Arb

    Posted 09-14-2013 10:34 AM
    Hi all - I have Burlington County client whose divorce case was in Burlington County family court.  My office is and always has been in Camden County.  I never sent a fee arb to a non-paying client before, but this one owes me about $8000.00 and I know she has a good job, savings, and investments.  Question:  Do I send letter advising her of District Ethics Secretary's address and number in Camden County or Burlington County?  Obviously, for my own convenience I would prefer Camden County. Does it matter which county?

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    Carol A. Weil Esq.
    Laurel Springs NJ
    (856)352-0050
    Atty ID 024411993

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  • 2.  RE:Correct Region For fee Arb

    Posted 09-14-2013 10:42 AM
    Clearly Camden.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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  • 3.  RE:Correct Region For fee Arb

    Posted 09-14-2013 01:47 PM

    Send by certified and regular mail. Cite the Notice Rule in your letter, R. 1:20A-6, I believe.

    DEFINITELY Camden. Goes in your office Vicinage, same as Ethics!!

    I have been thru too many of these over the years. Happy to talk you through it offline.

    Note: phony malpractice claims/ethics charges are often triggered by Fee Arb notices/collection efforts. Make sure it is worth pursuing before you pull the trigger.

    A collection of $80,000? I am sure I would pursue it (and I have). $8,000? I am sure I would not.

    Hanan
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    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400

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  • 4.  RE:Correct Region For fee Arb

    Posted 09-14-2013 02:15 PM

    Thank you...I have had another friend suggest that I not pursue this.  It makes me so angry because I worked very hard for this difficult client in her contentious divorce and I know she could easily pay me.  She is bitter (although she did settle, finally, in mediation) and angry at the ex (though he paid his counsel!).  Can I ethically continue to send her invoices every month if I do not pursue collection?


     Message:
    Sent: 09-14-2013 13:47
    From: Hanan Isaacs
    Subject: Correct Region For fee Arb


    Send by certified and regular mail. Cite the Notice Rule in your letter, R. 1:20A-6, I believe.

    DEFINITELY Camden. Goes in your office Vicinage, same as Ethics!!

    I have been thru too many of these over the years. Happy to talk you through it offline.

    Note: phony malpractice claims/ethics charges are often triggered by Fee Arb notices/collection efforts. Make sure it is worth pursuing before you pull the trigger.

    A collection of $80,000? I am sure I would pursue it (and I have). $8,000? I am sure I would not.

    Hanan
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    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400

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  • 5.  RE:Correct Region For fee Arb

    Posted 09-14-2013 02:19 PM
    Send away. No worries. Maybe she'll have a life-altering experience or a weak moment of good conscience and actually pay you.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585 begin_of_the_skype_highlighting (732)603-8585 FREE  end_of_the_skype_highlighting

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  • 6.  RE:Correct Region For fee Arb

    Posted 09-14-2013 03:35 PM

    Let me share a technique I have used in your precise circumstances:

    You worked hard and did a good job.

    Your ungrateful sphincter muscle of a client refuses to pay your reasonable fee.

    The bill is "too small to risk" (as contrasted with "too big to fail").

    Here is what I do:

    I call the client; have a discussion about my disappointment that things have not worked out well; have the client CONFIRM they will not pay me a dime; then tell them this:

    "I will agree to cancel my bill to you, on one express condition: that you agree never to call me again to assist you with a legal probkem, for the rest of your life."

    I always end up feeling better after that conversation and can let go of the outrage.

    P.S. One of these crazies wrote me a confirming note saying: "Do not worry. I will never darken your door again."

    She got it completely.

    Hanan
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    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400

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  • 7.  RE:Correct Region For fee Arb

    Posted 09-14-2013 06:16 PM
    . . .

    The bill is "too small to risk" (as contrasted with "too big to fail").

    . . .



    I had a general rule - under $1,000, I'm generally not going to sue.

    My studious admin just went through our billing history for the past 10 years.

    Add up all the uncollected billings under $1500.

    Total?  $89,365.


    No further comment.... except that I'm tempted to print out the list, with names, and show it to any future client who gripes about lawyers insisting on retainers.



    David Perry Davis, Esq.
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    The Law Office of David Perry Davis
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    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222



  • 8.  RE:Correct Region For fee Arb

    Posted 09-14-2013 02:15 PM
    Hannon... "phony malpractice claims/ethics charges." Absurd that you would even suggest that anyone would think to do this when faced with a legitimate claim for fees duly earned! (lol) 

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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  • 9.  RE:Correct Region For fee Arb

    Posted 09-14-2013 02:55 PM
    Thanks everyone, and special thanks to Lisa, who telephoned. I'll let you all know how it works out.  Carol

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    Carol A. Weil Esq.
    Laurel Springs NJ
    (856)352-0050
    Atty ID 024411993

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