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Two recent New Jersey cases highlight the problems matrimonial attorneys are having collecting their fees, and the creative methods clients are using to avoid payment. In one case, the client tried to discharge the fee in bankruptcy; in the other, the client filed a malpractice claim against the attorney to avoid paying the fee.
Can a Lawyer Hold a Client to an Alleged Vow to Pay Fees Even if Bankrupt?
Legal fees, like other debts, are usually wiped clean in a Chapter 7 bankruptcy, but Jason DiBattista's $35,000 debt to his divorce lawyer, Gregg Sodini, was not typical. For one thing, DiBattista is himself a lawyer, concentrating in bankruptcy, and was once Sodini's colleague at Cuyler Burk in Parsippany, NJ. For another, Sodini contends he handled the divorce based on DiBattista's promise to pay the fees even if his precarious finances landed him in bankruptcy.
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