Updated: June 30, 2020
This is a Retainer Agreement for legal services to be provided by and between YANIV & ASSOCIATES, PC (“Firm” or “Attorneys”), and CLIENT (“Client”). This Agreement constitutes a binding legal contract and should be reviewed carefully. This Agreement confirms that the Client has retained the Firm as attorneys to represent him/her in connection with an uncontested divorce proceeding.
SCOPE OF LEGAL SERVICES: The Client has retained the Firm to prepare and file an uncontested divorce in the State of New York. It is further understood that the Firm’s representation shall be limited to the preparation and filing of an uncontested divorce. The Client has not retained the Firm to undertake litigation of any nature in any Family or Supreme Court pertaining to any of the Client’s matrimonial issues. Nor has the client engaged the Firm to pursue mediation efforts, settlement negotiations, appeals, or post-judgment actions. The Client and the Firm agree that if court appearances or litigation becomes necessary, the Client will retain a litigation attorney or firm to undertake that work and will promptly execute and deliver to the Firm consent to substitution of counsel, discharging the Firm from representation of the Client.
FEES AND DISBURSEMENTS: With respect to attorney’s fees, the Firm does not utilize an hourly-fee arrangement. Instead, the Firm has quoted a flat-fee to the Client to undertake legal work in connection with uncontested divorce proceedings. The flat-fee (which is detailed below) encompasses the preparation and filing of all documents necessary to conclude a “no-fault” divorce in the State of New York as well as the required court- fees and disbursements. The fees you pay will depend upon the legal services you select during your client interview. The Firm’s schedule of flat-fees and disbursements for legal services is as follows:
LEGAL SERVICES FEES AND DISBURSEMENTS SCHEDULE
The full flat-fee shall be remitted prior to the Firm undertaking representation of the Client in connection with the Client’s Uncontested Divorce.
WHAT IS INCLUDED: The flat fee(s) include any telephone conference(s), email communication(s), or First-Class U.S. Mail communications with the client deemed necessary to obtain the information required to prepare the Client's paperwork. The Client agrees to complete an uncontested divorce questionnaire prior to engaging in telephone conferences. The questionnaire will be provided as an online form or in Portable Document Format (PDF).
WHAT IS NOT INCLUDED: The flat fee(s) do not include any attorney time required to negotiate the terms of the divorce agreement with your spouse. It is presumed that you already have reached an agreement with your spouse regarding the terms of the divorce, including such issues as child custody, support, and the division of marital assets.
Unless the Client has requested and paid for additional flat-fee work, the flat-fee does not include the preparation of any Qualified Domestic Relations Orders (QDROs) to affect the division of pension or retirement benefits, real estate sale or transfer documents, or any other post-judgment work needed or required by the Client. If any such work is requested by the Client, the Firm and the Client may execute a separate Retainer Agreement addressing additional services.
The flat-fee does not include the cost of process service which may become necessary in the event that your spouse fails to cooperate and or execute the documents prepared by the Firm. A process server shall not be hired without advance notice to the Client, discussion of the same with the Client, and the Client’s consent. The Client will be responsible for the direct payment of process service fees.
The flat-fee does not include the cost of investigative services which may become necessary in the event that you’re the Client is unable to locate his/her spouse. Investigative services shall not be retained without advance notice to the Client, discussion of the same with the Client, and the Client’s consent. The Client will be responsible for the direct payment of all investigative services requested by the Client.
On occasion, it may be necessary to retain certain experts, such as appraisers and/or accountants, to properly represent the Client. No expert shall be retained without advance notice to the Client, discussion of the same with the Client, and the Client’s consent to an expert being retained. The Client will be responsible for the direct payment of all expert fees.
There is no requirement that the Attorney meets in person with the Client to execute documents or discuss the Client's case. All communications and document submissions shall be conducted via telephone, email, or First-Class U.S. Mail, unless the Attorney and the Client agree otherwise. If the Attorney agrees to meet the Client in person, the meeting shall take place at an agreed-upon time and date at the Attorney's office.
TERMINATION OF SERVICES: The Client has the right to cancel this Agreement at any time. Such cancellation shall be effective upon written notice (or email) to the Firm. The Client acknowledges that the Firm has been retained to perform a great deal of legal work for a reasonable flat-fee. Therefore, the Client agrees that once the Firm has begun work in connection with the Client’s file, the Firm has fully earned its “attorney’s fees.” The flat-fee paid by the Client represents the reasonable minimum-fee required by the Firm to undertake such legal work. As such, in the event that the Client cancels this agreement or discharges the Firm after any work has been commenced in connection with the Client’s divorce proceeding, no refund of the attorney’s fees shall be due or owed to the Client. The Client may, however, be entitled to a refund of unused court-fees and disbursements, the balance of which will be determined at the time of termination.
Almost all billing disputes can be resolved directly with the Firm. However, in the event that a dispute arises between us relating to our fees which, despite our best efforts cannot be resolved, you may have the right to arbitrate the dispute pursuant to the Rules of the Courts of New York governing such disputes, a copy of which will be provided to you upon request. Such arbitration shall be brought before the Rockland County Bar Association, 337 North Main Street, New City, New York 10956, (845) 634-2149.
GENERAL TERMS: The Firm will extend its best efforts on behalf of the Client, but the Firm makes no representation or guaranty with regard to the result to be obtained or the timing of such results. The Firm shall keep the Client informed of the status of the case and shall explain to the Client the laws pertinent to the Client’s situation, the available course of action, and the attendant risks.
The Firm reserves the right to assign and delegate certain aspects of such representation to its employees and staff, in its sole discretion, as it deems appropriate. Such assignment and delegation may include but is not limited to the preparation of pleadings, motions, disclosure demands and responses, settlement negotiations, preparations of agreements, and any other matter deemed by the Firm to be appropriately delegated. Likewise, legal assistants and paralegals are often called upon to assist in document production, file organization, preparation and review of financial statements and data, and other duties as are assigned by the Firm.
Copies of all papers will be provided to the Client via email in Portable Document Format (PDF) unless the Client requests an alternate shipping method.
The Client agrees to keep the attorney advised of the Client’s whereabouts at all times to cooperate in the preparation of the above matter and to comply with all reasonable requests made in connection with the preparation and presentation of the Client’s matter.
This Agreement may only be modified in writing and signed by both the Client and the Attorney.
This Agreement sets forth all the terms of the Client's engagement of the Firm. There are no other agreements or understandings between the Firm and the Client.
On behalf of the Firm, we are pleased to represent you in this matter. If you have any questions, please feel free to call us at (646) 395-9100.
By paying our retainer, the Client acknowledges their acceptance of this Agreement. The Client agrees to be bound by its terms and conditions.