Family Attorney
Easing the Pain of Divorce
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Conceding that the legal system too often exacerbates the pain of divorce, New York State’s Chief Judge, Judith Kaye, announced a strong set of reforms this week designed to protect matrimonial clients against unscrupulous lawyers and to expedite judicial treatment of divorce cases. Her plan embraces most of the recommendations made earlier by a special 10-member committee of both judges and divorce lawyers. It also owes much to a 1991 report by New York City’s Department of Consumer Affairs. That report detailed serious abuses, mainly against women clients, by lawyers who apply pressure tactics to collect fees, drive up prices by delaying tactics and keep clients uninformed about their cases. Under the new rules, which take effect Nov. 1, matrimonial clients will be entitled to a written fee schedule (presumably with flexibility for unforeseen circumstances) and itemized bills. Nonrefundable retainers will be prohibited, and binding fee arbitration required at the option of the client. How well the rules work rests heavily on whether the courts can live up to their mandate to move the process along. The practice of foreclosing on a client’s home to collect unpaid bills will be ended, and the freedom lawyers now enjoy to obtain liens on a mortgage or the final divorce settlement will be restrained. A new disciplinary rule will forbid lawyers to begin sexual relationships with emotionally vulnerable clients during their cases. The problem of shady lawyering and a sluggish court system isn’t confined to matrimonial practice. Recognizing this, Judge Kaye has appointed a new committee to consider broader application of her new standards. Meanwhile, there’s still plenty of work left for the Legislature in Albany. Judge Kaye needs to goad lawmakers who haven’t paid attention to complaints about the state’s distribution law, which governs the divvying up of assets. And there’s no reason many divorces can’t be handled through a streamlined mediation process that spares clients crushing legal fees and frees scarce judicial resources. It’s also time that New York lawmakers faced up to another overdue change – making formal disciplinary charges against lawyers public. The current secrecy serves only to fuel public cynicism and all those bad jokes about lawyers. |
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