NJSBA Family Law Section

Hi all - I have a client who came to me because he has an appeal through the OAL secondary to a Substantiation by (then) DYFS.  He paid his attorney $3500.00 in 2011 - it came up for trial in 2012 and the attorney died.  Client dealt with the OAL himself and got a new trial date and then retained me. There is no trustee for the file.  It was a Marlton attorney.  We are dealing with a paralegal and with the estate attorney.  Client had another matter with the deceased attorney and so we asked for both files.  We have bills now just sent from the paralegal for a couple thousand dollars at $350.00 an hour.  Seems very fishy.  At first the paralegal would not release the files, so I wrote to the estate attorney. Today client picked up the files which are copies only and very "sanitized."  No retainer agreements, no copies of any correspondence to or from the attorney, no fee or costs logs.....client is very upset.  In fact, the two case files were copied and are mixed together in two expandables.  I am tired of dealing with a paralegal with an attitude and the estate attorney (who told me "nobody else cares that there is no trustee for the deceased attorney's cases...").  Original attorney has been deceased for nearly a year now and client wants his original files and a check for the $3500.00 he paid for the OAL appeal as it seems no work was done on that file even though there is now a bill for over $1000.00 on it done last month by the paralegal.  Trial in that matter is in June.  What to do?

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Carol Weil Esq.
Laurel Springs NJ
(856)232-3800

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Hi.  I don't know what any body else has responded to you but maybe you should file an OSCt in probate or in law (I can't decide) ; name the state, its heirs, the attorney who is the executor of the estate and the paralegal.  Seek the $3500K, your attorney fees and the file originals.

That might make them do what they are supposed to do. 

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Marianne Auriemma Esq.
Maywood NJ
(201)712-9663

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Original Message:
Sent: 03-19-2013 15:31
From: Carol Weil
Subject: Deceased Attorney's File

Hi all - I have a client who came to me because he has an appeal through the OAL secondary to a Substantiation by (then) DYFS.  He paid his attorney $3500.00 in 2011 - it came up for trial in 2012 and the attorney died.  Client dealt with the OAL himself and got a new trial date and then retained me. There is no trustee for the file.  It was a Marlton attorney.  We are dealing with a paralegal and with the estate attorney.  Client had another matter with the deceased attorney and so we asked for both files.  We have bills now just sent from the paralegal for a couple thousand dollars at $350.00 an hour.  Seems very fishy.  At first the paralegal would not release the files, so I wrote to the estate attorney. Today client picked up the files which are copies only and very "sanitized."  No retainer agreements, no copies of any correspondence to or from the attorney, no fee or costs logs.....client is very upset.  In fact, the two case files were copied and are mixed together in two expandables.  I am tired of dealing with a paralegal with an attitude and the estate attorney (who told me "nobody else cares that there is no trustee for the deceased attorney's cases...").  Original attorney has been deceased for nearly a year now and client wants his original files and a check for the $3500.00 he paid for the OAL appeal as it seems no work was done on that file even though there is now a bill for over $1000.00 on it done last month by the paralegal.  Trial in that matter is in June.  What to do?

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Carol Weil Esq.
Laurel Springs NJ
(856)232-3800

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Seems like your client's main concern is the fairness of the $3,500 fee.  Why not simply have the client file a Fee Arb demand against the late attorney's estate? It is the simplest and least expensive forum available.  The estate has to respond or it will be in default. Any other process remedy will cost the client more time and money to pursue than said client could possibly recoup. Hanan ------------------------------------------- Hanan Isaacs Esq. Kingston NJ (609)683-7400 -------------------------------------------
Original Message: Sent: 03-19-2013 22:24 From: Marianne Auriemma Subject: Deceased Attorney's File Hi. I don't know what any body else has responded to you but maybe you should file an OSCt in probate or in law (I can't decide) ; name the state, its heirs, the attorney who is the executor of the estate and the paralegal. Seek the $3500K, your attorney fees and the file originals. That might make them do what they are supposed to do. ------------------------------------------- Marianne Auriemma Esq. Maywood NJ (201)712-9663 -------------------------------------------
Original Message: Sent: 03-19-2013 15:31 From: Carol Weil Subject: Deceased Attorney's File Hi all - I have a client who came to me because he has an appeal through the OAL secondary to a Substantiation by (then) DYFS. He paid his attorney $3500.00 in 2011 - it came up for trial in 2012 and the attorney died. Client dealt with the OAL himself and got a new trial date and then retained me. There is no trustee for the file. It was a Marlton attorney. We are dealing with a paralegal and with the estate attorney. Client had another matter with the deceased attorney and so we asked for both files. We have bills now just sent from the paralegal for a couple thousand dollars at $350.00 an hour. Seems very fishy. At first the paralegal would not release the files, so I wrote to the estate attorney. Today client picked up the files which are copies only and very "sanitized." No retainer agreements, no copies of any correspondence to or from the attorney, no fee or costs logs.....client is very upset. In fact, the two case files were copied and are mixed together in two expandables. I am tired of dealing with a paralegal with an attitude and the estate attorney (who told me "nobody else cares that there is no trustee for the deceased attorney's cases..."). Original attorney has been deceased for nearly a year now and client wants his original files and a check for the $3500.00 he paid for the OAL appeal as it seems no work was done on that file even though there is now a bill for over $1000.00 on it done last month by the paralegal. Trial in that matter is in June. What to do? ------------------------------------------- Carol Weil Esq. Laurel Springs NJ (856)232-3800 -------------------------------------------

Thank you to all who replied and called....the estate attorney has finally agreed to exchange the copied files with the original files....now all that remains is to get client's retainer back to him.  The estate attorney admitted that he didn't know what was in the files and that secretary of deceased attorney had drafted the invoices without attorney supervision.  I am leaning towards asking the assignment judge in Burlington to just appoint a trustee with whom I can properly negotiate about the fees.  Thanks again for all your help.

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Carol Weil Esq.
Laurel Springs NJ
(856)232-3800

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Original Message:
Sent: 03-20-2013 04:10
From: Hanan Isaacs
Subject: Deceased Attorney's File


Seems like your client's main concern is the fairness of the $3,500 fee.  Why not simply have the client file a Fee Arb demand against the late attorney's estate? It is the simplest and least expensive forum available.  The estate has to respond or it will be in default. Any other process remedy will cost the client more time and money to pursue than said client could possibly recoup.

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

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