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no $$ for retainer

  • 1.  no $$ for retainer

    Posted 10-12-2017 07:21 PM
    Edited by System 12-28-2023 05:20 PM
    All,

    Prospective client was in.  Her husband has been controlling all the money over the past 3-4 years.  He closed any accounts that were joint.  He pays all the bills - must be online since she sees no mail coming to the house.  She is ignorant of anything financial.  (How does this happen - very frustrating.)  He doesn't give her any money.  He is the bigger income earner; she works 35 hours/week at slightly above minimum wage.  They have one child in elementary school. He is now romantically involved with a mutual friend and comes and goes as he pleases.  She has no credit card or anyone to help her put a retainer together.  Is there anything I can do?  I feel bad for her even though she has tolerated this.  The situation in the home when he IS there, is volatile.

    Thanks for any thoughts.

    ------------------------------
    Mary Jane Leland Esq.
    Leland Law Firm, LLC
    Freehold NJ
    (732)409-7777
    [email protected]
    ------------------------------


  • 2.  RE: no $$ for retainer

    Posted 10-12-2017 07:45 PM
    Mary Jane

    do they really have any wealth?  she has to give you something.  You are going to have to file a complaint and motion with CIS and Brief and hope a judge makes him pay the fees.  that is not always the case.  I had one where the H left his W and triplets to live with the paramour and her child, turn off notices and foreclosure etc. the W (my client ) does not have anything since she was staying home with 3 little ones and judge granted pendente lite (H got slammed) but refused to make him pay my fees or advance fees. so now i am working for very little as wife can make payments.

    be careful.

    Alice M. Plastoris, Esq.
    (973) 538-7070
    Sent from my iPad

    THIS IS A CONFIDENTIAL ATTORNEY CLIENT PRIVILEGED COMMUNICATION.



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  • 3.  RE: no $$ for retainer

    Posted 10-12-2017 07:59 PM
    Mary Jane,
    Alice is right-be very careful. As they say, "know your Judge" but if he/she is stingy with fee advances, better to walk. Unfortunately, Judges needs to live up to the rhetoric about a level playing field, a court of equity, etc. 



    Original Message


  • 4.  RE: no $$ for retainer

    Posted 10-12-2017 08:39 PM

    These stories are always very heart breaking.    I really would like to help people in these situations. But I have been burnt too many times. Unfortunately, the cost to me and my other clients tends to be too great. I have a policy against taking cases like this unless I know for certain that the other spouse has enough money to pay my fees.  Otherwise, I do not take cases like this any more. 

    Samuel J. Stoia, Esq.
    Eisenhower Corporate Campus

    290 West Mount Pleasant Avenue, Suite 2310

    Livingston, New Jersey 07039

    (973) 539-4364
    www.stoialaw.com




    Original Message


  • 5.  RE: no $$ for retainer

    Posted 10-13-2017 10:34 AM

    I do not believe that the absence of funds at the outset should be the determining factor. The Wife can describe the standard of living and what the Husband does for a living, his education level etc. and from that information, partial though it may be, you can, perhaps, begin to see what the income(s) might be. If it appears that there is "some" money to be had, you can always seek a pendente lite award and demand to see tax returns etc. Such assessments ARE, to be sure, somewhat risky and it is all too true that "we" do get burned for trying to be helpful, but it is also much of the reason we chose this field because there is always a sense of making a difference.

    Good luck.

     

    W. S. Gerald Skey, Esq.

    Law Offices of W. S. Gerald Skey, Esq.

    Princeton Commerce Center, Suite G-60

    29 Emmons Drive

    Princeton, New Jersey 08540

    Phone (609) 436-5222

    Fax (609) 228-5242

    www.skeylaw.com

     

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  • 6.  RE: no $$ for retainer

    Posted 10-13-2017 06:57 AM
    Hard situation, she may be better off going to a bigger firm that can afford to delay payment and start the work. As a solo its hard to take cases like this, there are only so many hours in a day and bills to pay.  I feel bad for people too and its hard enough when your already well into a case and the client does not have money to continue. Often I find myself feeling bad and wanting to finish up the case for the client and not withdraw and most of the time they do the right thing and pay off the fees, I have someone paying me 75.00 per month for the last two years and that is ok, I will be paid in full and at least the person is doing the right thing but if all my cases were like that I could not pay my rent. I agree, the judges should be more proactive about leveling the playing field early on in the case. I have had cases where the other spouse is order to pay fees, but does not and three motions later, its reserved for trial, very unfair to the other spouse and to me.

    Just my early morning two cents.  

    GERALDENE SHERR DUSWALT, ESQ.
    ATTORNEY AT LAW
    Admitted in New York and New Jersey

    1812 Front Street
    Scotch Plains, N.J. 07076

    576 Fifth Avenue, Suite 903
    New York, N.Y. 10036

    Telephone:    (908) 322-5160
    Fax:              (908) 654-3970
    E-mail:          [email protected]
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    General practice of law serving the legal needs of the community, family and matrimonial law, bankruptcy, real estate, wills and general litigation.

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  • 7.  RE: no $$ for retainer

    Posted 10-13-2017 10:24 AM

    If I were satisfied that I would ultimately be paid, and if it were in my or an adjoining county, I'd take it without a retainer.  Work language into the retainer agreement describing the distress. And satisfy yourself there are assets from which you will ultimately be paid.

     

    image001.jpg@01D30227.C3A532C0

     

    Ashenfelter, Slous, Trembulak, McDonough, Golia & Trevenen, LLP

    W. Thomas McDonough, Jr.

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    Montclair, NJ 07042
    973-744-2100 (phone)
    973-509-9521 (fax)

     

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  • 8.  RE: no $$ for retainer

    Posted 10-13-2017 05:21 PM
    Thank you, all, for the honest and creative responses!

    ------------------------------
    Mary Jane Leland Esq.
    Leland Law Firm, LLC
    Freehold NJ
    (732)409-7777
    [email protected]
    ------------------------------

    Original Message


  • 9.  RE: no $$ for retainer

    Posted 10-14-2017 01:21 PM
    You say that mom works for slightly more than minimum wage, but don't say what dad earns. If he afford it, or if there's assets to divide, then you can try a quick p.l. motion requiring him to advance a retainer and p.l. support. Has she run a credit report? She may be eligible to apply for a credit card.

    I agree with the "know your judge" comment and also share the deep frustration that our courts don't more easily require this - even if as an advance against equitable distribution. They thus slam the courthouse doors on too many people.

    Rule change? More case law? How do we change this / improve this?


    <x-sigsep></x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    * * Please note our new address * *
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223




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  • 10.  RE: no $$ for retainer

    Posted 10-15-2017 09:51 AM
    Should be a separate motion at the start of the case to evaluate how the legal fees are paid aside form a PL motion which itself takes time (and money) to prepare, you already appear in the case, file the complaint or answer and the CIS, which all takes time, and if you either don't get fees, or the judge says wait until the end, or worse, you get fees and the other side does not pay, then you have to go back to enforce the motion and sometimes the second go around they reserve on fees to get the people to settle, they you have already spend considerable time on the case, without being paid.  While larger firms may be able to absorb this and wait for a house to be sold later on in the case, I have a hard time working this way and I agree, then the courthouse doors are not open to all.  I think a separate motion at the start just on that issue in cases where warranted, and the judge forcing people to comply with their Orders; sanctions, transfer of asset from one spouse to another, even striking pleadings.

    GERALDENE SHERR DUSWALT, ESQ.
    ATTORNEY AT LAW
    Admitted in New York and New Jersey

    1812 Front Street
    Scotch Plains, N.J. 07076

    576 Fifth Avenue, Suite 903
    New York, N.Y. 10036

    Telephone:    (908) 322-5160
    Fax:              (908) 654-3970
    E-mail:          [email protected]
                        [email protected]
    Web Site:      www.duswaltlawfirm.com

    General practice of law serving the legal needs of the community, family and matrimonial law, bankruptcy, real estate, wills and general litigation.

    This e-mail and any documents accompanying this e-mail may contain information from the law office of Geraldene Sherr Duswalt, Esq. that is intended to be for the use of the individual or entity named in this e-mail transaction and which may be confidential, privileged or attorney work product. If you are not the intended recipient be aware that any disclosure, copying, distribution, or use of the contents of this e-mail is strictly prohibited. If you receive this e-mail in error, please notify the sender at once.




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