NJSBA Family Law Section

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  • 1.  Notice of Fee Arb

    Posted 09-14-2015 10:36 AM
    I went through the required steps with former clients regarding Notice as to
    fee arb. It was quite a while ago. Is there any type of statute of
    limitations; that is, before I file in court must I send another fee arb
    notice?



    Also, they love not signing for the fee arb notice via certified mail (with
    the regular mail copy not bouncing back from the post office). How do I
    prove receipt?





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  • 2.  RE: Notice of Fee Arb

    Posted 09-14-2015 01:48 PM

    1. You are not obligated to file more than one fee arb notice. Cavest: You can only send notice to a former client, not a present one. If the person was your client when you sent the notice, that doesn't count.
    2. Certified and regular mailings ARE your proof. If the regular did not come back, then it is presumed served.
    Hanan


    Hanan M. Isaacs, Esq.

    t 609.683.7400 f 609.921.8982
    e [email protected] w www.hananisaacs.com
    4499 Route 27, Kingston NJ





  • 3.  RE: Notice of Fee Arb

    Posted 09-14-2015 03:05 PM

    1. You are not obligated to file more than one fee arb notice. Cavest: You can only send notice to a former client, not a present one. If the person was your client when you sent the notice, that doesn't count.
    2. Certified and regular mailings ARE your proof. If the regular did not come back, then it is presumed served.
    Hanan


    Hanan M. Isaacs, Esq.

    t 609.683.7400 f 609.921.8982
    e [email protected] w www.hananisaacs.com
    4499 Route 27, Kingston NJ





  • 4.  RE: Notice of Fee Arb

    Posted 09-15-2015 08:04 AM
    << Caveat: You can only send notice to a former client, not a present one.
    If the person was your client when you sent the notice, that doesn't count.>>

    Hanan - Didn't know this. So, in essence, unless there's a filed
    substitution, we can't send a fee arb notice until 45 days after entry of
    final judgment / order?

    << 2. Certified and regular mailings ARE your proof. If the regular did not
    come back, then it is presumed served.>>

    I send one regular and one Delivery Confirmation Mail. I assume that's as
    good - Delivery Confirmation gives something showing that it at least made
    it to the address in question.




    - Dave

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222




  • 5.  RE: Notice of Fee Arb

    Posted 09-15-2015 09:34 AM

    Dave
    I don't have the case cites readily available.
    Some recent opinions have said that starting collection practices against current clients creates impermissible conflicts of interest.
    Absent a motion to be relieved or a substitition, I think you may be right: we have to wait 45 days after entry of a final judgment or order to pursue collection.
    Hanan