Attorney's fees in a matrimonial matter.

Practice point: Where there has been substantial compliance with the matrimonial rules, an attorney will be allowed to recover the fees owed for services rendered, but not yet paid for. The applicable rule is 22 NYCRR 1400.3, which mandates that an attorney in a matrimonial matter file a copy of the signed retainer agreement with the court, along with the statement of net worth. Here, the attorney was retained in March 2004, and the record shows that a copy of the executed retainer was filed with the court on May 14, 2004, along with the updated statement of net worth.

Student note: Even if plaintiff, as substituted counsel, should have filed the retainer within 10 days of its execution, he substantially complied with the requirements by filing the executed copy with the updated statement of net worth. Although it would have been better practice for plaintiff to have put proof of the filing in evidence on his direct case, his failure to do so does not change the fact that he substantially complied with the rule.

Case: Daniele v. Puntillo, NY Slip Op 05790 (1st Dept. 2012).

Here is the decision.

Monday’s issue: Grounds for the recovery of interest.