If you wish our firm to represent you in filing your New York State divorce or matrimonial matter in New York City subject to our review to determine that we do not represent any individual or entity with an adverse interest to you (conflict of interest) you must agree to these terms before submitting any payment. If you submit any payment you are acknowledging that you have read these terms and have considered them before deciding to use our service. If you have any questions regarding this text you may send us an email for clarification or contact us by telephone at +1(718)788-6696.
You agree to pay to a retainer as negotiated between you and our firm. This may be a flat rate fee based upon your spouse's cooperation or it may be an advance based on the hourly rate of Alex T. Roshuk, Attorney at the rate of $360 (three hundred sixty dollars ) per hour, and is only an advance against our firm's fees and disbursements in your case. A portion of this fee may be refunded to you should our attorney not work the number of hours the retainer represents and your case is settled, we withdraw and/or you discharge our firm before that time. Our firm can give you no guarantee that you will not have to pay for additional services if your case is contested but in such case you can discharge our firm at any time.
Any payments by check are subject to collection and this agreement shall not be valid unless and until we have received the retainer and any necessary filing fees requested (such as an index number fee of $210, Note of Issue fee of $125 to assign case to the matrimonial calendar in an uncontested matter, Request for Judicial Intervention in a contested or ex parte matter for $95, a $35 fee for the Note of Issue before the case is placed on the trial calendar, stipulation or discontinuance fee of $35 if a judgment is not rendered, $45 motion or cross motion fee and process server fees of a minimum of $40). Should the court levy additional fees for services or filings you agree to pay such fees before your case is completed or such papers are filed. Please note that payments made by PayPal may have transaction fees deducted from your payments, as these are paid at the time of deposit you specifically agree that these fees are non-refundable as made.
If your spouse files for divorce before you do this agreement does not cover legal representation of you in court in such occurrence, in such case you will be required to pay a contested divorce retainer before our firm appears in such action. The additional retainer will be estimated based upon the demands of your spouse as set for in their action for divorce. If you do not pay such retainer our firm will not file a written appearance in your case and will return any funds remaining in your account, if any, after the costs of all services are deducted from your uncontested divorce retainer should you wish us to contact your spouse or their attorney after you are served with divorce papers. This agreement also does not cover the cost of negotiating any settlement agreement after the original draft is submitted to your spouse, such negotations shall be billed on an hourly rate.
An itemized statement of charges due will be sent to you not less often than every 60 days. Once your retainer is depleted and fees paid you will receive no more statements. No time will be charged for discussing any statement or bill. You agree that if you do not question the accuracy of the bill within thirty days after it is mailed to you that you will not later contest it. If the retainer is depleted (i.e. the case becomes contested), then additional charges will be billed to you on a monthly basis. The initial retainer commencing for any time spent on your case starting when you have paid the retainer will also cover time for negotiating with your spouse or attorney, if they have retained one.
You have the right in your sole discretion to terminate this representation of you prior to the conclusion of the case, in which event you shall be liable for the time spent on your case as computed above, and any unused portion of the retainer, if any, will be refunded to you.
Our firm also has the right to withdraw from representing you in the event of your failure to cooperate or to provide on a timely basis accurate and complete information and documents relating to your case or if you engage in any conduct which would make it inappropriate to continue representation of you.
The retainer fee does not include: (a) any other actions or proceedings; (b) work in appellate courts on this case; (c) out-of-pocket expenses or (d) legal costs and fees of collecting any sums awarded to you. Out-of-pocket expenses include but are not limited to costs of serving and filing papers, court fees, process servers, court calendar service, expert witnesses, subpoena fees, consultants, accountants, appraisers, investigators, actuaries, court reporters, long distance telephone calls, travel, parking, telefax charges, postage and photocopies normally made by our firm or requested by you and any special computer research costs (computer assisted legal research CALR); such special CALR costs shall be discussed and disclosed to you in writing in detail before undertaken.
Disbursements are in addition to fees based upon time and are to be paid by you promptly when billed. If you do not pay the retainer, further fees or disbursements or court costs to our firm as contemplated by this agreement within 10 days after the mailing of a request or if you fall to cooperate with our firm or do not perform your responsibilities as set forth in the annexed Statement of Client's Rights and Responsibilities, which is made a part of this agreement , our firm will stop work on your file and may seek withdraw as your attorney of record with leave of the court without relieving you of any obligations for payment of services and disbursements up to the time the court has ordered withdrawal. Bills not paid within 30 days may accrue interest at the legal rate currently nine percent per annum, and you will be liable for reasonable attorneys? fees for any resulting litigation against you by our firm and for the costs of any collection of said sums that are due.
If you and and our firm agrees to your providing security for the payment of amounts due, such as a confession of judgment, or mortgage, our firm shall first obtain court approval on notice to your spouse.
You have the right to pursue binding arbitration in the event of a fee dispute under Rules of the Chief Administrator Part 137; our firm shall, at your request, provide you with information as to the procedure and no such request for information shall be interpreted by our firm to indicate that you have a potential fee dispute with me.
You are aware of the hazards of high costs of litigation and acknowledge that despite my efforts on your behalf there is no assurance or guarantee of: (a) the outcome of this matter, (b) the length of time it may take to resolve, or (c) the costs which may be incurred. However, as this is currently expected to be an uncontested divorce it is our expectation that the fee you pay will be the total cost to you.
Kindly indicate your understanding and acceptance of all of the above and your acknowledgment that it has been explained fully to you and to your satisfaction by paying the retainer fee, you performance under these terms shall indicate acceptance of these terms.
Thank you and we look forward to serving you.
By clicking on the link on the payment page you agree that you have read and understand the above and the below Statement of Client's Rights and Responsibilities, have received or made a copy of each for your records and accept all of these terms.
NEW YORK RULES OF COURT SUPREME COURT, APPELLATE DIVISION, ALL DEPARTMENTS, PART 1400.
PROCEDURE FOR ATTORNEYS IN DOMESTIC RELATIONS MATTERS.
Your attorney is providing you with this document to inform you of what you, as a client, are entitled to by law or by custom. To help prevent any misunderstanding between you and your attorney please read this document carefully.
If you ever have any questions about these rights, or about the way your case is being handled, do not hesitate to ask your attorney. He or she should be readily available to represent your best interests and keep you informed about your case.
An attorney may not refuse to represent you on the basis of race, creed, color, sex, sexual orientation, age, national origin or disability. You are entitled to an attorney who will be capable of handling your case; show you courtesy and consideration at all times; represent you zealously; and preserve your confidences and secrets that are revealed in the course of the relationship.
You are entitled to a written retainer agreement which must set forth, in plain language, the nature of the relationship and the details of the fee arrangement. At your request, and before you sign the agreement, you are entitled to have your attorney clarify in writing any of its terms, or include additional provisions.
You are entitled to fully understand the proposed rates and retainer fee before you sign a retainer agreement, as in any other contract. You may refuse to enter into any fee arrangement that you find unsatisfactory. Your attorney may not request a fee that is contingent on the securing of a divorce or on the amount of money or property that may be obtained.
Your attorney may not request a retainer fee that is nonrefundable. That is, should you discharge your attorney, or should your attorney withdraw from the case, before the retainer is used up, he or she is entitled to be paid commensurate with the work performed on your case and any expenses, but must return the balance of the retainer to you. However, your attorney may enter into a minimum fee arrangement with you that provides for the payment of a specific amount below which the fee will not fall based upon the handling of the case to its conclusion.
You are entitled to know the approximate number of attorneys and other legal staff members who will be working on your case at any given time and what you will be charged for the services of each. You are entitled to know in advance how you will be asked to pay legal fees and expenses, and how the retainer, if any, will be spent.
At your request, and after your attorney has had a reasonable opportunity to investigate your case, you are entitled to be given an estimate of approximate future costs of your case, which estimate shall be made in good faith but may be subject to change due to facts and circumstances affecting the case.
You are entitled to receive a written, itemized bill on a regular basis, at least every 60 days. You are expected to review the itemized bills sent by counsel, and to raise any objections or errors in a timely manner. Time spent in discussion or explanation of bills will not be charged to you.
You are expected to be truthful in all discussions with your attorney, and to provide all relevant information and documentation to enable him or her to competently prepare your case. You are entitled to be kept informed of the status of your case, and to be provided with copies of correspondence and documents prepared on your behalf or received from the court or your adversary.
You have the right to be present in court at the time that conferences are held. You are entitled to make the ultimate decision on the objectives to be pursued in your case, and to make the final decision regarding the settlement of your case.
Your attorney's written retainer agreement must specify under what circumstances he or she might seek to withdraw as your attorney for nonpayment of legal fees. If an action or proceeding is pending, the court may give your attorney a "charging lien," which entitles your attorney to payment for services already rendered at the end of the case out of the proceeds of the final order or judgment. You are under no legal obligation to sign a confession of judgment or promissory note, or to agree to a lien or mortgage on your home to cover legal fees. Your attorney's written retainer agreement must specify whether, and under what circumstances, such security may be requested. In no event may such security interest be obtained by your attorney without prior court approval and notice to your adversary. An attorney's security interest in the marital residence cannot be foreclosed against you.
You are entitled to have your attorney's best efforts exerted on your behalf, but no particular results can be guaranteed. If you entrust money with an attorney for an escrow deposit in your case, the attorney must safeguard the escrow in a special bank account. You are entitled to a written escrow agreement, a written receipt, and a complete record concerning the escrow. When the terms of the escrow agreement have been performed, the attorney must promptly make payment of the escrow to all persons who are entitled to it. In the event of a fee dispute, you may have the right to seek arbitration.
Your attorney will provide you with the necessary information regarding arbitration in the event of a fee dispute, or upon your request. NOTE: The Arbitration program applicable to the above contract is set out in Rule 137 of the Rules of the Chief Administrator, effective January 1, 2002.
Receipt Acknowledged.