I have a completely different take on the fee subpoena. Could it be that
your adversary is trying to make you a witness in your own case in order to
get you removed as counsel? I also respectfully disagree with my learned
colleagues regarding the specificity of billing records. I provide my
clients with a "history" of their case in my billing statements In all of
my years of practice, I have only had to defend two fee arbitrations and
that was early on in my career. I believe that this is because I tell my
clients what I am doing on their behalf, and how much I have charged them
for it, rather than "file review .5". If I have to file a motion with a
fee request, I prepare a separate billing statement that is redacted to
protect my client's interests. Fortunately, I don't litigate any more so
it's not so much an issue for me. Just my two cents.
Roz
Rosalyn A. Metzger LLC
Attorney-Mediator
P. O. Box 5104
One Leigh Street
Clinton, New Jersey 08809
(908) 238-0099
[email protected]www.mediate.com/rmetzger------------------------------------------------------------------------
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Original Message------
I completely agree with Curt. I always find objections to billing records to be odd, given that the statements/invoices are directly relevant to the issue of counsel fees under R. 5:3-5(c). To the extent you put privileged information in billing statements (a practice that should be discouraged in my opinion), a simply redaction, with an explanation, should eliminate any privilege arguments to producing your billing statements. Don't waste time with unnecessary motion practice; just move the case along. In fact, I question why requests for invoices are not a routine part of everyone's written discovery demands, again given their relevance to counsel fee applications. Should this particular demand have been done via subpoena? That is a different discussion over the method of discovery and abuse of the subpoena power.
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John Nachlinger Esq.
Previte & Nachlinger, P.C.
Piscataway NJ
(732)529-6937
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Original Message:
Sent: 02-21-2015 18:49
From: Curtis Romanowski
Subject: subpoena for billing records
Just to be quite clear... there is absolutely nothing confidential or privileged about attorney-client billing records per se. Every time I've encountered that objection, I've had a reason at least likely to lead to relevant information. Motions to quash these requests are wasteful and should routinely be denied. If invoices are requested, any confidential materials should be redacted. One should explain in non-specific terms the reasons to any such redactions.
Relatively recently (and by "recently," I really mean about 7+ years ago, since time sure flies) a decision came down establishing that some billing date information or billable event information may also be confidential. In that case, the proponent wanted to see the records to determine when the lawyer started advising or communicating with the client. This was deemed to be privileged information.
Think twice, therefore, when you read or hear questions such as: "Now, of course I don't want you to share any content, but did you meet with so-and-so (question to client or attorney) on such-and-such date?" It has been established that objection to answering questions such as those should be sustained.
If you make the motion to quash IMO, the judge, respectfully, should order the documents provided, redacted as necessary to protect privileged information; only now, you've just blown time and money to file the motion. So... My advice would be to provide the info, carefully redact and explain in general terms the reasons for the various redactions and let the other side waste their time filing a motion to compel, which should not fly.
Of course, the reasons for the redactions are stated, not with global generalities, such as "privileged," but with sub-categorical generalities, such as "attorney work product," but not specifics, such as, "that's the entry where my client was discussing hiding marital funds since noon that day in a mayonnaise jar on Funk and Wagnalls' porch.
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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
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Original Message:
Sent: 02-21-2015 09:18
From: Gary Borger
Subject: subpoena for billing records
Laura: I would file a motion to quash as there are other methods to get that information such as the interrogatory to the litigant referenced by another posting in this thread. That is less intrusive on the attorney-client privilege and attorney work product. And, even then, reactions in detailed billing records may be appropriate.
Sent from my Verizon Wireless 4G LTE smartphone