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Seeking sample consent order (and motion if needed) converting divorce from bed and board into absolute divorce

  • 1.  Seeking sample consent order (and motion if needed) converting divorce from bed and board into absolute divorce

    Posted 10-27-2020 02:42 PM

    Looking for sample consent order converting divorce from bed and board into absolute divorce, and a motion to do the same (in case the defendant won't sign a consent order). I thought I had one of each, but now cannot find them. 

     

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    Leslie A. Farber, Attorney at Law

    33 Plymouth Street, Suite 204

    Montclair, NJ 07042-2607

    Ph. 973.509.8500 x 213

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    From: Hanan Isaacs via New Jersey State Bar Association <[email protected]>
    Sent: Friday, October 23, 2020 3:46 PM
    To: [email protected]
    Subject: RE: Family Law : Ethical Question: Being Hired as "Legal Advisor"

     

    Allan is referring to a Magistrate Judge Bongiovanni's Opinion, a case of first impression interpreting NJ ethics law, which denigrated ... -posted to the "Family Law Section" community

    New Jersey State Bar Association

    Family Law

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    Re: Ethical Question: Being Hired as "Legal Advisor"

    Oct 23, 2020 3:45 PM

    Hanan M. Isaacs, Esq

    Allan is referring to a Magistrate Judge Bongiovanni's Opinion, a case of first impression interpreting NJ ethics law, which denigrated "ghostwritten" documents as misleading to the Court. Delso vs. Trustees, 2007. She said lawyers may do this but have to disclose their informal involvement to the court and adversary.

     

    Because judges often give leeway to pro se litigants, Delso's arrangement with the advisory lawyer gave her an unfair advantage, the ruling said. The court also said that a de facto attorney-client relationship existed since Delso clearly relied on the attorney's legal knowledge and drafting skill.

    Though the lawyer told Delso to be up front with the court about his involvement, the judge wrote that the lawyer should have informed the court himself by signing the documents.

     

    I have seen nothing in NJ state decisional law or ethics opinions or rulings that so declares.

     

    Pro se litigants remain responsible for their documents and positions, regardless of who wrote them.

     

    I don't see any problem with a reduced scope retainer agreement carefully delineating duties and activities. RPC 1.2(c).

     

    Be careful to assure your client's informed consent and reflect that in your engagement letter.

     

    Disclaim responsibility for court outcomes that you did not participate in directly.

     

    If your underlying advice is faulty, however, I don't believe you can disclaim fault -- and if you do is likely to be void.

     

    The above notwithstanding, I don't hesitate to help people as they want and need to be helped.

     

    Hanan

     

     

    Hanan M. Isaacs, Esq.
    President/Senior Attorney

    P: 609.683.7400  F: 609.921.8982
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    www.kingstonlawgroup.com

     

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  • 2.  RE: Seeking sample consent order (and motion if needed) converting divorce from bed and board into absolute divorce

    Posted 10-27-2020 07:53 PM

    Leslie, I will email you a draft consent order. - AG

     

    Angie Gambone, Esq.

    Flaster Greenberg PC

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