New York Divorce Report - New York's Divorce and Family Law Blog

Jennifer Walzer, in her You’re the Boss blog describes how she was mistreated and taken advantage of by lawyers retained to represent her business. It is no wonder why lawyers have such a bad reputation. 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... More

My dialogue with Ben Stevens on the merits of billable hour versus the flat fee in a matrimonial action continues. Let me say at the outset, that I am certainly no fan of the billable hour. For many reasons, I  prefer the flat fee model. The number one reason, it is predictable. With certainty, I can answer the question every client asks, “How much will this matter cost?” When billing on an hourly basis, I can only estimate, giving a meaningless range. As pointed out in The Billable Hour: Are its Days Numbered, a flat fee may work on more... More

Benjamin Stevens offers a thoughtful series of articles on why attorneys and clients benefit from fixed fees in a divorce action. Some of the benefits cited by Stevens are: •Clients know the total cost up front, which enables them to determine prior to retaining the attorney whether or not they can afford his/her services and to budget for the attorney's fees and costs. •Clients have another basis upon which to compare attorneys, both in the manner they charge for their services (fixed fee vs. hourly) as well as the amount charged ($X vs. $Y). •Clients never end up in fee... More