The call is a scam.   This caller does not work for me and is in no way associated with me or my law firm.

Do not give this caller any information or send him any money.  

The matter is being investigated.  

If you are contacted by this person, please contact me (email or phone)  providing your name and contact information as well as all the details of the calls.   If you receive any papers, faxes or emails from the caller please send them to me as well.   The callers are using letterhead with my name on it.

Do not fall for this scam.

 It is always a pleasure to share good news.

I was selected by the  New York Enterprise Report  as one of the Best Attorneys for Growing Businesses in the category of Professional Services.   I am honored to have won this award.  

I have been, and will continue to be, dedicated to professionally serving the needs of my clients.  

In her article, Walzer describes how her lawyer’s retained to represent her in connection with a relatively simple real estate lease, ran up a bill which exceeded her budget and expectations. When she questioned time charges which did not jibe with he records, she was ganged up upon and attacked.

In one case Ms. Walzer describes how she was charged $60 for an email exchange in which she said acknowledged receipt of her lawyer’s email and that she would respond in due course. The lawyer responded, “I hope everything is O.K. Take your time.” When confronted, the lawyer’s justification for the charge was:

Your e-mail took me away from a multimillion dollar agreement I’m working on, so if I have to stop what I’m doing to view and respond to an e-mail, then I have to charge you.

All I can say is that I am shocked and astounded.

While Ms. Walzer’s matter may not have been as lucrative to the firm as the "million dollar deal" the lawyer was working on, it was important to her. Her lawyers should have treated her and their client’s with the same attention and respect as they did their client “million dollar transaction client.” If the matter was "below" the firm, they should not have taken on the representation.

I have candidly told some prospective client’s that some cases or issues they wish me to pursue would not be cost effective for me to handle. I understand that my client’s have budgets -if a case can be resolved within a client’s budget, I explain why.

As a practitioner, I, more often than not, find myself not billing for causal, non substantive/social emails and telephone conversations.

Regardless, billing questions should not be handled in an adversarial manner. If the time charge cannot be justified or explained, a client should not have to pay for it. Lawyers should know, in court, you have to prove your case with competent evidence- if you can't prove your case, you lose. If the lawyers cannot justify their bill to the client, they would have a tough time in court.
 

As part of the move, I had to go through the files of my past clients, which gave me cause to reflect. In many respects, my practice in transitory - when the matrimonial issue is resolved, absent some new legal issue, my daily contact with the client ends and we lose contact. It would great to know what happened in my clients’ post divorce lives.

A while ago, I was interviewed for the PBS (and, in Europe, CNBC) show World Business about the economy and divorce. The interview can be viewed here.

Next week, I resolve to resume blogging on a regular schedule.

1. The case sets a precedent or expands some area of law, (last week’s post about the Appellate Division recognizing a Canadian same sex marriage)
2. The decision reinforces a proposition I previously addressed; or
3. I just find the decision to be interesting.

Generally, one of three things can happen to the martial home as part of the divorce: it is sold on the open market, one of the spouses buys out the other spouse’s interest, or one spouse is allowed to occupy the home for a period of time, until, for instance, a teen age child graduates from high school, and then the home is sold.

If the home is sold, the value to be distributed is easy to ascertain- it is the net proceeds remaining after all the costs associated with the sale have been paid.   The costs of sale include transfer taxes, broker’s commissions, the costs to satisfy the outstanding mortgage and, of course, legal fees.

If one spouse is to remain in possession of the home, the property needs to be appraised.  The appraiser, by comparing the particular home to others in similar condition and location, offers an opinion as to the property's value and the parties or the Court will determine the parties' equitable shares.

The New York Observer ran an informative piece detailing the process of selecting a real estate  appraiser and the problems they encounter in  valuing real estate in a contest divorce. 

 In the case Pritchett v. Pritchett ( N.Y.L.J. 4/9/07(subscription required), Justice Darrell L. Garvin ruled that the husband’s abandonment of his family and failure to contribute any child support created a “substantially unequal burden on the [Wife] to the benefit of the [husband]. This benefit of the non-contributing spouse constituted an unjust enrichment which should be rectified.”

Applying the child support guidelines to the Husband’s income at the time he abandoned the family, the Court calculated the amount of unpaid child support arrears and the husband’s share of the child care, educational and medical expenses even though the Wife had not previously obtained an order requiring the payment of support.   

Since the child support arrears exceeded the value of the Husband’s equitable interest in the marital home, the Court transferred title to martial home to the Wife. 

 "The teenage star of Broadway's "Tarzan" was hurt so much by a bitter feud between his parents it sent him into intense therapy sessions."

Unfortunately, this is not an isolated case. It is the children who often bear the scares of a bitter divorce battle. In the best of situations, the parties agree that they cannot stay married, but work together to foster the best interests of the children.   However, in the worst of situations, the parties fight over everything, including the children. The children of a marriage merely become pawns in their parents’ battle. 

Minor visitation schedule modifications become epic battles; fights erupt over a drop-off and pick-up time for visitation. In the most egregious cases, one parent openly bad mouths the other parent to the children.  How could a child not become alienated or depressed? 

Every judge admonishes the litigants that the children have two parents and that the children have the right to enjoy the love and attention of both parents. It is sincerely hoped that parents put their differences aside and do what is necessary to support and foster relationships with their ex’s.   The alternative is, I am afraid, a country of depressed alienated children, who will one day promulgate their ills when they, one day, become parents.

A pre-nuptial agreement is a good way for parties to protect their assets prior to marriage and long before a divorce is even a consideration. These agreements are not something that only extremely wealthy need consider. I am asked to prepare pre-nuptial agreements by parties considering a second marriage, particularly when children are involved, and in cases where there is disparate wealth. With greater frequency, I am being asked to prepare these agreements where wealth is just a potentiality.  

A prenuptial agreement is a contract made by the prospective spouses before the contemplated marriage. The agreement will commonly provide how property will be divided in the event of divorce or death, but it can cover many other issues in the marriage as well. For instance, pre-nuptial agreements can provide for how property will be acquired during the marriage; how it be will be classified for equitable distribution purposes (marital or separate property) in the event of divorce; how the parties’ estates will be handled if the marriage ends by death, and how (and if) maintenance (alimony) will be paid in the event if the marriage ends in divorce.

In Nicole Kidman’s case, “The papers give Keith just over  $US600,000 a year for every year they're together.”

“There's also a clause that allows Nicole to leave the marriage without giving a cent to Keith - an ex-cocaine addict - if he uses illegal narcotics or drinks excessively.”

In order to ensure that your pre-nuptial agreement will be found to be valid, you and your future spouse should each seek legal representation. One attorney cannot represent the two of you.  An experienced matrimonial attorney will be able guarantee that the agreement will be signed with the necessary formalities.  If your future spouse is also represented you will have some assurance against future claims that the agreement was procured as a result of fraud, undue influence, coercion or duress. In addition, you should be prepared to make full disclosure of your net worth. Lastly, you should not spring the pre-nuptial agreement on your soon to be spouse at the very last minute. Plan on having the agreement signed and in place in advance of the wedding.  

Regardless, I believe that under New York law, most of his assets would be safe.    Paul acquired most of his wealth prior to his current marriage so that would be his separate property and, therefore, beyond the claims of his current wife. Where Sir Paul has exposure is on the issue of spousal maintenance. Certainly, Heather Mills became accustomed to living the jet set lifestyle enjoyed by one of the richest men in the world.   She has the right to continue to enjoy that lifestyle.  

How it will play out in the English system, and what Paul will have when he turns “64”, only time will tell.”