aceofspades
aceofspades
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May 11th, 2015 at 11:59:17 AM permalink
So, over the course of the weekend I found out that 2 of the 4 cases I just settled are settled no more
(these were cases wherein I drafted the settlement papers but they were not yet signed)

One settlement has fallen by the wayside due to an argument over one parties' refusal to have the marital residence landscaped and fumigated; and the other

Due to one party's retention of a new attorney who is known for refusing to settle until they have received their monetary equivalent of a 'pound of flesh' and, thusly, I await their filing of motions to justify their fees


All future gambling trips (like the one set for this coming weekend for BJ tournament), are up in the air...
EvenBob
EvenBob
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May 11th, 2015 at 12:28:10 PM permalink
Think how it would have been if you
were still 5 grand down and got this
info. Short rations for you and the dog.
"It's not called gambling if the math is on your side."
midwestgb
midwestgb
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May 11th, 2015 at 1:03:15 PM permalink
Curious, do part of your attorney's fees in cases such as these depend upon the 'Settlement' of the matter so as to then trigger an exchange of property/funds inclusive of your fee payment? If so, I did not realize this...
aceofspades
aceofspades
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May 11th, 2015 at 2:50:06 PM permalink
Quote: midwestgb

Curious, do part of your attorney's fees in cases such as these depend upon the 'Settlement' of the matter so as to then trigger an exchange of property/funds inclusive of your fee payment? If so, I did not realize this...




By law, at least in NY, matrimonial and family law attorneys cannot accept a percentage of the assets (real, personal or liquid) in a divorce settlement (or trial decision) - basically, divorce cses cannot be taken on a contingency fee basis.
Attorneys fees can be dealt with in a settlement by allocating certain funds to pay attorney fees due and owing...or designating which party is responsible for attorney fees.
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