Family Law-OV - Family Law Prof. Pieper Oren Varnai 100...

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Family Law Oren Varnai Prof. Pieper 100 multiple choice and 4 short answers (distinguish something, or give the elements of something). Go to NYS Bar Examiners to look at the questions (equitable distribution, divorce,) (516) 7474311 x 11 FAMILY LAW – PROFESSOR PIEPPER RULE A NY divorce lawyer must give the client a bill of rights and a signed written retainer agreement containing a fee schedule and an estimate of the total legal bill expected. The matrimonial lawyer forfeits the right to collect a fee where no written retainer agreement is given. 178 Misc. 2d 159, 169 Misc. 2d 509 o If the rules are not followed then the lawyer cannot recover the fee. o Even if the bill was paid there would be disgorgement. What is good about this law is that it brings the fee issue to the forefront so the client is not surprised. Most clients do not bring up the issue in the first meeting. Clients are told that the fee is 70-120k. This allows the client to go and shop around. This practice now applies in all cases but note the next rule. o We don’t know what the penalty would be in other cases because the rule is too new. RULE A matrimonial lawyer is prohibited from having sex with the client and a lawyer cannot charge a non-refundable fee. The lawyer would be taking psychological advantage of the client because the client is vulnerable in a matrimonial case. Every 60 days the client must be sent a bill so that the client has an opportunity to perhaps settle before the bill is too large. The NYCA says that it is unethical to charge a non-refundable fee. RULE Liens to secure the payment of a legal fee must be approved by the court on notice to the other spouse. A court-approved lien on a client’s residence cannot be foreclosed while the client still lives in the home. This is for the purpose of ensuring payment to the divorce attorney. The problem is that at the end of the divorce the spouse might get the house and at the end of the case the lawyer might foreclose on the mortgage on the house. o This is done for fairness reasons. The following have been very important in recent bar exams. July 2000 essay # 3 July 2001 essay # 3 1
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Family Law Oren Varnai Prof. Pieper RULE In any (not just matrimonial) legal fee dispute where the amount disputed is between $1000 and $50000, in a civil case, mandatory arbitration can be demanded by the client and the attorney must notify the client of this option. This rule is good because the client would normally have to litigate the issue, and now he would have to hire another attorney to represent him in a case against his original lawyer. This rule simply gives the client a relaxed set of rules, and no attorney is needed. This is for the client’s benefit. There is a 30-day requirement for the arbitration to happen.
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Family Law-OV - Family Law Prof. Pieper Oren Varnai 100...

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