Matrimonial Retainer – NCNP
TERMS AND STATEMENT OF CLIENTS RIGHTS AND RESPONSIBILITIES
The Law Office of Julius A. Rivera Jr. and the client named below hereby agree as follows: The Law Office of Julius A. Rivera Jr. agrees to charge a minimum amount of $950.00 including costs for representation regarding an Uncontested Divorce. The minimum amount applies provided the divorce is uncontested. The definition of an Uncontested Divorce for the purposes of this Agreement is that parties have previously resolved all issues regarding their divorce and the Defendant will consent to the Divorce with the Plaintiff and sign such an agreement and then a consent based upon the Divorce terms previously agreed to by the parties.
Please note that your above fixed minimum amount only covers the drafting and filing of the agreement and uncontested divorce documents and obtaining your Judgment of Divorce and is contingent upon your spouse cooperating in signing all necessary agreements and divorce documents as requested by the Law Office of Julius A. Rivera Jr. Any other time spent on this matter will be billed at the rate of $350.00 per hour. If the client does not continue with the Uncontested Divorce, all time spent on the matter will be billed at the rate of $350.00 per hour. Although the Law Office of Julius A. Rivera Jr. has agreed to pay the Court filing fees and other costs from the funds collected from the client, no specific funds are earmarked for costs and any funds collected will first be applied to the time charges incurred by the client whether or not originally anticipated to be available for costs. The Law Office of Julius A. Rivera Jr. has not been retained for any negotiation with the Defendant of the Defendants’ Attorney nor for a contested divorce. The Law Office of Julius A. Rivera Jr. has not been retained to prepare a Qualified Domestic relations Order to divide any pension , 401K or other retirement account. To do so will require a separate retainer agreement and fee. Its probable that Without a Qualified Domestic relation Order the Division of a retirement account will not be accomplished. However, provided the client informs the Law Office of Julius A. Rivera Jr. of the parties agreement to Divide a retirement account, the rights to do so in the future will be preserved by the parties agreement and the Divorce Judgment. Failure to inform the Law Office of Julius A. Rivera Jr. of the parties intent to preserve those rights will result in forever waiving those rights.
If in the event the Defendant does not sign the documents as requested by the Law Office of Julius A, Rivera Jr. and/or the Plaintiff desires the representation of the Law Office of Julius A. Rivera Jr. for a Contested Matrimonial, the client agrees to pay an additional sum of $ 5,000.00 to be applied to fees incurred at an hourly rate of Three Hundred Fifty ($350.00) Dollars per hour for the time of The Law Office of Julius A. Rivera Jr., which the client understands and acknowledges includes the services of “Trial Counsel” and “Of Counsel” Attorneys associated with the Law Office of Julius A. Rivera Jr. and the Client expressly consents to same. In the event that said amount remains unpaid, or there is a breach of the retainer agreement by the client or an irretrievable breakdown of the attorney client relationship, the client agrees that the Law Office of Julius A. Rivera Jr. , may withdraw its representation. In the event that an action is pending, absent the consent of the client, an application must be made to the court for such withdrawal with notice to the client. The client also has an absolute right to cancel this Retainer Agreement at any time. Should the Law Office of Julius A. Rivera Jr. withdraw from the case or be discharged by the client, the client will be charged for the fee and expenses (time charges and disbursements) incurred based upon the hourly rate set forth in the Retainer Agreement and the balance, if any shall be refunded. It is understood that representation shall terminate with the entry of final Judgment of Divorce. The Retainer does not cover any services for appeal or any other services, which might be required after the final Judgment of Divorce, included but not limited to enforcement or modification. In the event the additional deposit aforementioned is depleted or comes within Two Thousand Five Hundred ($2,500.00) Dollars of depletion as a result of hourly charges and expenses the client agrees to replenish the account to Five Thousand ($5,000.00) Dollars no later than ten (10) days from the date that the Law Office of Julius A. Rivera Jr., submits a bill to the client for same. Any changes in the fees aforementioned shall be incorporated into a written amendment of this agreement, which must be signed by the client before it takes effect. The Client shall receive a bill at least every sixty (60) days and will not be charged for time spent in discussing the bills received. The client has a right to be provided with copies of correspondence and documents related to this case. The client is to be kept apprised as to the status of the case. Should a dispute arise concerning the attorney’s fee, the client may seek arbitration, which is binding upon both attorney and client; the attorney shall provide information concerning fee arbitration in the event of such dispute or upon the client’s request. In the event fees and/or expenses are due to the Law Office of Julius A. Rivera Jr., at any time, and the client refuses or is unable to pay said fees or expenses, the Law Office of Julius A. Rivera Jr., has the right to seek a charging lien ie: a lien upon the property that is awarded to you as a result of equitable distribution in the final Order or Judgment in your case. In the alternative, in lieu of making application to be relieved as your attorney, the Law Office of Julius A. Rivera Jr., may seek a consensual security interest in your property, which can only be obtained upon court approval and on notice to your spouse. An exact copy, scan, fax or electronic duplication of this document shall be deemed an original.
STATEMENT OF CLIENT’S RIGHTS AND RESPONSIBILITIES
YOUR ATTORNEY is providing you with this document to inform you of what you, as a client, are entitled to by law or custom. To help prevent a 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. Your attorney 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, 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, 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 bills sent by counsel, and to raise any objections or errors in a timely manner. Time spent in discussion 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 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, and may request that one or more interest-bearing bank accounts be used. You also are entitled to 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. An exact copy, scan, fax or electronic duplication of this documents shall be deemed an original.
RECEIPT OF THE ABOVE MATRIMONIAL RETAINER TERMS AND STATEMENT OF CLIENTS RIGHTS AND RESPONSIBILITIES ARE HERBY ACKNOWLEDGED AND SAID MATRIMONIAL RETAINER TERMS AND STATEMENT OF CLIENTS RIGHTS AND RESPONSIBILITIES ARE UNDERSTOOD AND AGREED TO BY THE CLIENT:
Dated: Thursday September 24th 2020
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Poughkeepsie, (Dutchess County)
What We DoOur New York office specializes in Bankruptcy, Mortgage Loan Modification, Uncontested Divorce, Deed Transfer, NYS Statutory Power of Attorney, Will, Name Change.
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