VIVIEN I. STARK, ATTORNEY AT LAW. DIVORCE AND FAMILY LAWYER.


IMPORTANT DISCLOSURES AND NOTICES

STATEMENT OF CLIENTS 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 by custom. To help prevent a misunderstanding between you and your attorney, please read this document carefully. If you have any questions about these rights or about the way your case is being handled, do not hesitate to ask your attorney.

An attorney may not refuse to represent you on the basis of age, sexual orientation, race, creed, color sex, national origin or disability.

You are entitled to an attorney capable of handling your case that will show you courtesy, represent you zealously and preserve your confidences and secrets 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. You are entitled to have your attorney clarify in writing any terms or additional provisions.

You are entitled to fully understand the proposed rates and retainer fee before you sign the agreement.

You may refuse to enter into any unsatisfactory fee arrangement.

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. Should you discharge your attorney, or should your attorney withdraw from the case before the retainer is used up, he or she entitled to be paid for the time spent on your case and any expenses, but must return the balance of the retainer.

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 the fees for their services.

You are entitled to know in advance how you will be asked to pay legal fees and expenses and how the retainer 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.

You are entitled to receive a written, itemized bill on a regular basis.

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.

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 documents prepared on your behalf or received from court or adversary.

You are entitled to make the final decision on the objective to be pursued in your case and to make the final decision about settlement.

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 is pending, the court may give your attorney a “charging lien”, which entitles her to payment for services already rendered at the end of the case out of the proceeds of your judgment. If no action is pending and your withdrawing attorney retains possession of the file, the attorney must return it within 30 days of withdrawal but may then commence proceedings against you to recover any unpaid fee.

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 such security may be requested. Your attorney without prior court approval and notice may obtain no security interest to your adversary. An attorney’s security interest in the marital residence cannot be foreclosed against you.

In the event of a fee dispute, you have the right to seek arbitration, the results of which are binding.

You are entitled to have your attorney’s best efforts exerted on your behalf but no results can be guaranteed.

Dated:

 

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Approved and Accepted

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