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Substitution of Attorney Still Required 45 days after Judgment?

  • 1.  Substitution of Attorney Still Required 45 days after Judgment?

    Posted 10-17-2017 02:17 PM
    I was recently retained by a new client in a post-judgment matter in Hudson County.  Judgment of Divorce was entered back in February 2017.  Ex-spouse filed an Emergency Application regarding enforcement/modification issues, which the Judge denied but apparently converted into a regular motion.  

    Client was previously represented by counsel in the divorce action, but has not been represented by counsel since the Judgment of Divorce was entered.  There was an earlier post-judgment Motion filed over the summer, which neither my client or his former counsel responded to.

    I was only given a short adjournment to respond to the Emergency Application, resulting in me having only 1 week to prepare a Certification in opposition.  I also submitted a Notice of Appearance.

    Hudson County has now rejected my Certification and Notice of Appearance, insisting I must submit a Substitution of Attorney signed by prior counsel b/c the Court still has him listed as counsel of record.

    I advised the Family Division that prior counsel is no longer counsel of record b/c it has been well over 45 days since the JOD was entered.  I cited the clear language of R. 1:11-3 which provides that "the responsibility of an attorney of record in any trial court with respect to the further conduct of the proceedings shall terminate upon the expiration of the time for appeal from the final judgment or order entered therein."  

    Due to the time-constraints of the pending motion, I did not and do not have time to obtain a signed Substitution of Attorney in time for my client's Certification to be considered by the Court.  Hudson County Family has not been persuaded that their reading on R. 1:11-3 and 1:11-2 is incorrect.

    Can anyone chime in on this issue?


    ------------------------------
    Blake W. Rush, Esq.
    Law Office of Blake W. Rush
    14 E. Main Street
    Clinton, NJ 08809
    (908) 713-9800 (PHONE)
    (908) 713-9803 (FAX)
    www.blakerushlaw.com
    ------------------------------


  • 2.  RE: Substitution of Attorney Still Required 45 days after Judgment?

    Posted 10-17-2017 02:21 PM
    Encountered identical situation earlier this year, only post-judgment application was 5 years after JOD. The Court didn't care. Fortunately, I new former counsel. Contacted AOC, but they never got back to me.



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  • 3.  RE: Substitution of Attorney Still Required 45 days after Judgment?

    Posted 10-17-2017 02:28 PM
    Aren't you able to get around getting a substitution of attorney form signed by filing appearance and paying the $50 appearance fee (on top of motion fee)?  otherwise it would be a $35 SOA filing fee + $50 motion fee ? 



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  • 4.  RE: Substitution of Attorney Still Required 45 days after Judgment?

    Posted 10-17-2017 02:28 PM
    Edited by System 12-28-2023 05:35 PM
    Maritza:

    Apparently not. I submitted a Notice of Appearance as well as my client's Certification.  Both have apparently been rejected.

    There was also a 10/13/16 Notice of the Bar issued to clarify the requirements related to Substitution of Attorneys and Notice of Appearances.

    It provides in relevant part as follows (which would seem to be directly on-point):

    Procedure Where Substitution of Attorney Cannot Be Obtained

    "In instances where the substituting attorney is for whatever reason unable to obtain the required
    substitution transferring the case to him or her for representation the filing of a notice of
    appearance will be sufficient to change the attorney of record with the court. The attorney in that
    situation will be required to pay the $50 notice of appearance filing fee."

    Here, I did not have time to obtain a signed Substitution of Attorney from prior counsel in time for my client's Certification to be considered by the Court with respect to the pending Motion.  This is nonsensical.


    ------------------------------
    Blake W. Rush, Esq.
    Law Office of Blake W. Rush
    14 E. Main Street
    Clinton, NJ 08809
    (908) 713-9800 (PHONE)
    (908) 713-9803 (FAX)
    www.blakerushlaw.com
    ------------------------------

    Original Message


  • 5.  RE: Substitution of Attorney Still Required 45 days after Judgment?

    Posted 10-17-2017 04:00 PM

    Blake,

      Yes it is.

      We should collectively ask the leadership of the Family Law section to raise this with the Presiding Family Part judges and the AOC. As others have noted, R. 1:11-3 is crystal clear. We shouldn't be at the mercy of administrators who don't have the incentive to read court rules correctly.

      Yet another way in which court administration makes it harder to practice. Attorneys are held to the highest standards, but court employees aren't.

     I'll get off my soapbox now...

    Best to all,

    Ed Zohn

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 office; 908.428.7988 direct; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     




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  • 6.  RE: Substitution of Attorney Still Required 45 days after Judgment?

    Posted 10-17-2017 04:17 PM
    Indeed, because logistics should not be what we dwell upon. This story and countless others demonstrate that the  ability to get the signed Substitution of Attorney is subject to so much whim and/or circumstance beyond the control of the requesting person. 



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  • 7.  RE: Substitution of Attorney Still Required 45 days after Judgment?

    Posted 10-17-2017 05:17 PM
    Blake

    You are correct. Call division manager and judge mantineo.

    Sent from my iPhone



    Original Message


  • 8.  RE: Substitution of Attorney Still Required 45 days after Judgment?

    Posted 10-17-2017 05:51 PM

    Blake:

     

    You are 100% correct. Ask them if there has been a Supreme Court order relaxing Rule 1:11-3.  I have not found one.

     

    Also, contact Michelle Smith, Clerk of Superior Court,  because she told a meeting I attended in May, 2016 that they were thinking of trying to amend the rule to require substitutions, but it has not been done.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

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  • 9.  RE: Substitution of Attorney Still Required 45 days after Judgment?

    Posted 10-17-2017 06:01 PM
    Imagine a time-sensitive matter. Then think of trying to access a former counsel to sign a Substitution of Attorney who is: unavailable/will get to it/not cooperative/not knowing a former client has chosen to use new counsel/cooperative/relocated/retired. Then think of how you get the original signed Substitution to you and then to the Court. 



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    [email protected]

    **PLEASE NOTE OUR NEW ADDRESS**

    Allan Weinberg, Esq.
    200 Highway 9, Suite 400
    Manalapan, New Jersey 07726
    Telephone: (732) 80 NJ LAW
        (732) 806-5529      Voice/Text 24/7 Access

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  • 10.  RE: Substitution of Attorney Still Required 45 days after Judgment?

    Posted 10-17-2017 06:31 PM
    Well remind that attorney there is am ethics committee and rules for just this situation. Can't jeopardize a client 

    Sent from my iPhone



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  • 11.  RE: Substitution of Attorney Still Required 45 days after Judgment?

    Posted 10-17-2017 07:31 PM
    Alice:

    That's not really the point.

    The applicable rule does not require the former counsel to sign one after the time for appeal has expired. Read the comment following Rule 1:11-3.

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.
    (732) 972-1600
    [email protected]

    Visit my website: www.mydivorcelawyernj.com


    Original Message


  • 12.  RE: Substitution of Attorney Still Required 45 days after Judgment?

    Posted 10-17-2017 07:36 PM
    Bob

    I understand that but besides the difficulties from a disorganized and out of touch court system, we as attorneys have an ethical obligation NOT to hurt clients.  even tough technically no substitution is required , if one is requested an attorney must sign one.

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

    THIS IS A CONFIDENTIAL ATTORNEY CLIENT PRIVILEGED COMMUNICATION.



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  • 13.  RE: Substitution of Attorney Still Required 45 days after Judgment?

    Posted 10-17-2017 07:51 PM
    Despite making all of the aforesaid arguments mentioned here, Hudson County is not budging on this. My judge's team leader advised me that this is a directive from presiding judge mantineo. The team leader stated Judge mantineo interprets R. 1:11-2 as always requiring a substitution of attorney when there has been prior counsel, regardless of the clear language of R. 1:11-3, the comments to the Rule, and whether a judgment has been entered.

    Meanwhile, my adversary's motion is returnable next week and my Judge never received my client's opposition submitted last week because it has been sent back to me by Family. Given how busy we all are and the time-sensitive nature of the current proceedings, this experience has been extremely aggravating. I have not encountered another county that has a similar policy or interpretation of these Rules.

    Sent from my iPhone


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