Category Archives: Attorney Client Relationship

In Family Law Representation, You Get What You Pay For

Posted in Attorney Client Relationship, Family Law, Lawyer for Life | |

I have to admit that family lawyers often get a bad rap and many times for good reason. I can’t begin to tell you how many clients have retained our firm because they were unhappy with their attorneys or because they were in desperate need for post-divorce representation to address inequities in court orders or judgments. I always tell my clients at every initial consultation that our firm takes pride in providing quality and professional legal service and we always get thanked at the end for doing just that. Truth is, in matters of family law there is no other way.

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New Jersey Premarital Agreements

Posted in Attorney Client Relationship, Family Law Basics, Marriage & Family, Property & Asset Distribution | |

Premarital agreements, also referred to as prenuptial or antenuptial agreements, can be a difficult topic of discussion among couples getting married, especially if one party is seeking the agreement. A prospective spouse opposed to the idea will typically view such agreements as an affront to the institution of marriage and the relationship as a whole. However, a properly drafted prenuptial agreement can save spouses a great deal of emotional and financial expense in the event of a divorce.

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Wiretapping and Divorce Law – Part II

Posted in Attorney Client Relationship, Divorce & Seperation, Family Law Basics | |

The Internet has revolutionized the way people communicate and share information and ideas. Today, electronic mail (e-mail) is perhaps the most commonly used method of cyber-communication. From offices to homes to libraries and corner cafes, use of cyber-communication and the Internet is a part of everyday life. In the world of matrimonial law, e-mail communications and chat room forums has sparked a growing phenomena known as “cyber-infidelity.” More and more spouses suspecting infidelity in a relationship are accessing home computers and retrieving its electronic files for evidence to validate their suspicions. E-mail communications have become a prime target and for good reason. Not only can a spouse access messages received and sent, but even deleted messages can be retrieved with the proper software or by a computer expert. This invariably raises questions about the legality of retrieving e-mail messages and the consequences of such actions.

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Post-Nuptial Agreements in New Jersey

Posted in Attorney Client Relationship, Marriage & Family, Property & Asset Distribution | |

A recent NY Times article discussed the increased use of post-nuptial agreements, as reported by attorneys who are members of the American Academy of Matrimonial Lawyers. According to the article, hedge funds and other high-value equity partnerships are encouraging their newly-minted partners to get post-nupts to guard against giving away part ownership in these lucrative positions.

What are “post-nuptial agreements”? Well, unlike pre-nuptial agreements, which deal with parties interested in getting married before they’re actually married, and unlike property settlement agreements, which deal with parties interested in not being married after they’re actually married…post nuptial agreements are intended for a married couple who did not previously enter into a premarital agreement and, despite wanting to be married, would like to plan for the division of property in case they later get divorced.

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How Attorneys Choose Clients: My View

Posted in Attorney Client Relationship, Divorce & Seperation, Family Law Basics | |

My fellow Mac Lawyer, Ben Stevens, of the South Carolina Family Law Blog had a great post of original content on how attorneys choose clients.

I had a few thoughts and some questions for Ben.

First, unless I’m making a conscious decision to accept a matter pro bono, I make it a point to only take on clients where I am sure I’m going to get paid. This could be from funds that the client has (we often represent the “advantaged” spouse) or from funds that we get from the advantaged spouse to even the playing field. This isn’t a cold decision, but I have an obligation to provide for my family and I can’t, literally, afford to expend time and effort where there isn’t a reasonable assurance of getting paid for my effort.

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How to Save on Legal Fees for Your Divorce

Posted in Attorney Client Relationship, Divorce & Seperation, Family Law Basics | |

You might think that a lawyer would be opposed to telling you how to spend less money on his fees, but not so. Most of the suggestions made below, by another lawyer no less, are things with which I whole-heartedly agree. A lot of the time a lawyer spends on the stuff he’s telling you to do yourself or avoid all together are the kind of work a sophisticated lawyer would rather not do anyways.

The truth of the matter is that our firm is comprised of specialists. While we can do the routine work, a better use of our skills is on those complex matters. For the rates you are paying for our services, you should expect that we’re going to work the really difficult stuff. The other stuff is just a matter of your pain threshold for the monthly bill. I suggest that you manage your legal budget for divorce accordingly.

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Choosing a Divorce Attorney – Flexibility is Key

Posted in Alternate Roads in Family Law, Attorney Client Relationship, Family Law Basics | |

I recently fielded a phone call from a business colleague who told me that she had referred me to a friend for matrimonial work. She mentioned that when she was getting a divorce she found that her attorney became too adversarial and impeded the progress of the divorce. She told me that, from her perspective, the divorce attorneys were making it about themselves and not about the clients.

I cringe when I hear that kind of story. One of the hallmarks of our practice is that the client and his/her needs are at the forefront of our minds when dealing with the case. I’ve often told many clients in an initial interview that I have no ego in the case. I can’t tell you how many times I’ve swallowed insult after insinuation about me and my firm because retaliation would have been counterproductive. This type of pliability in a negotiation is necessary because the goal is more important than maintaining ground in the ego game.

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Suze Orman on Prenuptial Agreements

Posted in Attorney Client Relationship, Family Law Basics, Marriage & Family | |

A local New Jersey newspaper recently published a great article from Suze Orman on the advisability of pre-nuptial agreement.

Here’s the article:

Should marrying types have prenup? Yup

I know what you’re thinking: Prenups are so unromantic — a sign of distrust, not love. Time for a reality check, my friends. First, drawing up a prenuptial agreement together is a sign of incredible trust and financial openness — you’re fooling yourself if you think you can achieve complete in timacy without it. And at the risk of being a complete wet blanket, I just want to mention that north of 40 percent of marriages end up in divorce.

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Ensuring Safe Communication with your Attorney in a Divorce Matter

Posted in Attorney Client Relationship, Divorce & Seperation, Family Law Basics | |

Being engaged in a divorce matter can make communications between attorneys and their clients somewhat tricky. Often, couples have joint email accounts, or their passwords are known (or easily guessed) and hard copies of communications can be compromised if they go to the marital estate (whether or not the client resides in the marital home).

When I conduct initial consults with clients, I make sure that they have a “safe” place to receive emails, snail mail and other communications. This can mean that you have to open a new email account (recommended) and take the steps to protect your password (including setting as strong password containing numbers and symbols). On the snail mail side, it may include opening a PO Box or UPS/FedEx mail box at a private company.

I’m not the only making these suggestions – this guy agrees too.