NJSBA Family Law Section

Simplifying the facts a bit...

I represent H.  W has been stay-at-home mom.  H has incurred roughly $16,500 in fees throughout the litigation.  W has just filed a motion wanting H to liquidate assets and provide more counsel fees for her.  W's attorney wants a $50,000 trial retainer and says he is currently due $38,000 -- on top of over $45,000 already received.  It is just appalling, shocking overbilling.  Claims (for example) of 19 hours to complete a simple motion (at $450 per hour).  W's attorney is not a matrimonial regular.

I'm working on H's cross motion.  Can he ask for fee arb to challenge these horrendous fees?  W is clueless as to what's going on - her only source of reference is the attorney who is doing this to her.  Before the case is over, this guy will have literally taken every dime she has and needs to set up a new life.  Since H is being asked to pay, does he have the right to seek fee arb?

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

Dave: I just finished a 4 year stint on the District VIII fee arb committee. The answer is no. Only the client has the right. Your client is a non-party to the fee agreement between the adversary and his wife. ------------------------------------------- Robert Goldstein Esq. Manalapan NJ (732)972-1600 -------------------------------------------
Original Message: Sent: 11-28-2014 18:47 From: David Perry Davis Subject: Paying spouse's right to fee arb? Simplifying the facts a bit... I represent H. W has been stay-at-home mom. H has incurred roughly $16,500 in fees throughout the litigation. W has just filed a motion wanting H to liquidate assets and provide more counsel fees for her. W's attorney wants a $50,000 trial retainer and says he is currently due $38,000 -- on top of over $45,000 already received. It is just appalling, shocking overbilling. Claims (for example) of 19 hours to complete a simple motion (at $450 per hour). W's attorney is not a matrimonial regular. I'm working on H's cross motion. Can he ask for fee arb to challenge these horrendous fees? W is clueless as to what's going on - her only source of reference is the attorney who is doing this to her. Before the case is over, this guy will have literally taken every dime she has and needs to set up a new life. Since H is being asked to pay, does he have the right to seek fee arb? David Perry Davis, Esq. ---------------------------------------------------- www.FamilyLawNJ.pro <http: www.familylawnj.pro/=""> ---------------------------------------------------- 112 West Franklin Avenue Pennington, NJ 08534 Voice: 609-737-2222 Fax: 609-737-3222 </http:>

Only the client can invoke arbitration

Sent from my iPhone, please excuse any typos or words that don't belong in a sentence.
#darnspellcheck.


Original Message------

Simplifying the facts a bit...

I represent H.  W has been stay-at-home mom.  H has incurred roughly $16,500 in fees throughout the litigation.  W has just filed a motion wanting H to liquidate assets and provide more counsel fees for her.  W's attorney wants a $50,000 trial retainer and says he is currently due $38,000 -- on top of over $45,000 already received.  It is just appalling, shocking overbilling.  Claims (for example) of 19 hours to complete a simple motion (at $450 per hour).  W's attorney is not a matrimonial regular.

I'm working on H's cross motion.  Can he ask for fee arb to challenge these horrendous fees?  W is clueless as to what's going on - her only source of reference is the attorney who is doing this to her.  Before the case is over, this guy will have literally taken every dime she has and needs to set up a new life.  Since H is being asked to pay, does he have the right to seek fee arb?

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

Just great. Any other suggestions on how to handle this? It's not like I can reach out to W and try to enlighten her, and a FRO prohibits the parties from speaking directly. Situations like this are what make our profession look so bad, and would make it so tough to do this kind of law. ------------------------------------------- David Perry Davis, Esq. 112 West Franklin Avenue Pennington, NJ 08534 Voice: 609-737-2222 Fax: 609-737-3222 -------------------------------------------
Original Message: Sent: 11-28-2014 19:34 From: Randy Perlmutter Subject: Paying spouse's right to fee arb? Only the client can invoke arbitration Sent from my iPhone, please excuse any typos or words that don't belong in a sentence. #darnspellcheck.

How do you know that your adversary is not reading this?

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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
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Original Message:
Sent: 11/29/2014 2:53:03 PM
From: [email protected]
Subject: RE: Paying spouse's right to fee arb?

Just great. Any other suggestions on how to handle this? It's not like I can reach out to W and try to enlighten her, and a FRO prohibits the parties from speaking directly. Situations like this are what make our profession look so bad, and would make it so tough to do this kind of law. ------------------------------------------- David Perry Davis, Esq. 112 West Franklin Avenue Pennington, NJ 08534 Voice: 609-737-2222 Fax: 609-737-3222 -------------------------------------------

Dave,

Each of the parties has parents or brothers and sisters.

Doing a genogram (I do one at the inception of every divorce) will reveal who is
in each family.

I typically ask "who? how old? where live? what do?" for the parents and sibs.

From there you can find out who is connected and who's estranged.

Hopefully there may be parents or sibs who can talk.

This assumes, of course, that the family pathology that gave rise to the divorce
isn't spread among both families of origin. While that's not unusual, it's not
always the case, either.

Often there are resources in the families of origin that can be used to good effect.

Just be sure the FRO doesn't restrict contact that would preclude the above.
But your client's not restricted from talking to his people and his people
are restricted from talking with her people.

You get the idea.

Good luck...and let us know how it turns out.

PAUL D. KREISINGER
Attorney and Mediator
51 Elliott Place
Rutherford, NJ 07070-1951
tel...201.939.3336
fax...201.939.7789
[email protected] <mailto:[email protected]>

Wyckoff Office:
666 Wyckoff Avenue
Wyckoff, New Jersey 07481
tel...201.251.2300
fax...201.939.7789


Original Message------

Just great. Any other suggestions on how to handle this? It's not like I can reach out to W and try to enlighten her, and a FRO prohibits the parties from speaking directly. Situations like this are what make our profession look so bad, and would make it so tough to do this kind of law. ------------------------------------------- David Perry Davis, Esq. 112 West Franklin Avenue Pennington, NJ 08534 Voice: 609-737-2222 Fax: 609-737-3222 ------------------------------------------- </mailto:[email protected]>

What's a genogram?

http://en.wikipedia.org/wiki/Genogram <http: en.wikipedia.org/wiki/genogram="">



PAUL D. KREISINGER
Attorney and Mediator
51 Elliott Place
Rutherford, NJ 07070-1951
tel...201.939.3336
fax...201.939.7789
[email protected]

Wyckoff Office:
666 Wyckoff Avenue
Wyckoff, New Jersey 07481
tel...201.251.2300
fax...201.939.7789


Original Message------

Just great. Any other suggestions on how to handle this? It's not like I can reach out to W and try to enlighten her, and a FRO prohibits the parties from speaking directly. Situations like this are what make our profession look so bad, and would make it so tough to do this kind of law. ------------------------------------------- David Perry Davis, Esq. 112 West Franklin Avenue Pennington, NJ 08534 Voice: 609-737-2222 Fax: 609-737-3222 ------------------------------------------- </http:>