Preview
FILED: MONROE COUNTY CLERK 02/10/2021 01:44 PM INDEX NO. I2011011118
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2021
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2625012
Book Page CIVIL
Return To: No. Pages: 44
MARILEE GREEN SERCU
Instrument: EXHIBIT(S)
Control #: 202102100671
Index #: I2011011118
Date: 02/10/2021
FITZGERALD, CRAIG P Time: 1:47:47 PM
FITZGERALD, HEIDI A
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
202102100671 IndexNO.
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STATE oF NEW YORK
JPRFKIF COURT COUNTY OF MONROE
CRAIG A. FflTZGERALD. ATTORNEY FEE
AFFIRMATION
vs.
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trq ~~tfl~rpp
t ..dL.~ t’t, ~.
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MARILEE C. SERCU. beina dudy sworn, Ueposes and says that the foflowina is true to
the best. at. her kriowk:dge and jntormation. and that as to those allegations made upon
information and betiet. she reasonaoly believes them to be true~
I. I am an attorney duly auniuted to prachce taw before the Courts of the State of
New York and I’ am the atturney tort he Defendant in the ahove.entitled matter. Heidi A.
t~t?oen~tdI submit this Affirmation in support at the Defendant’s request for attorneys fees.
2. I• have been aOnuitted to practtce law in New York State: since $$P. am a
Member of the New York State Bar Association and we Monroe County Bar Association. The
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employed, and orior to that, I was of counsel to the few firm ot Adair, Kaul. Murphy, Axehod
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~t 0~1I1WW,LL
3. 1 make this application in support of the Defendant’s request for attorney’s fees
and your deponent believes that all fees being requested herein are fair and reasonabk and that
all s.ervices rendered to date by your deponent were reasonably required of me, are fair and
reasonable, and were required to be pertormned in oruter to afford appropriate protection to the
EXH HUT B
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fl rights of the. Defendant herein. Your deponern belleves that all services which were rendered
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4, Attorneys are reqwred by Court to sign Retainer Agreements with clients.
S. The Defendant retained my ore: essiona~services on or about April 26. 2019. fbr
representation in connect~onwith a Monroe Supreme Court post~Judgmer~t
01 Divorce
contempt and enfOrcement proceeding, A copy ot the Defendant’s Retainer Agreement is
attached hereto as Exhibit A.
6. Iris the ractice of this 010cc to require a sufficient retu~nerto provide assurance
tO the attorney that reasonable and necessary thes which will be incurred in the prosecution
the action will be paid.
~t,:C,:~~t r-\.,_,.A.,~ 1 ,,~
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retainer in the amount of 57,50(100, which the Defendant paid on or about April 26, 2019.
Fr~rbt~r Defendant made additional retainer oavments ofS3~50000on orabout September 13,
201$; S5,5O0~00on or about January 7, 2020; and S2~O0O~00
on or about January 9,2020.
8. Per the Retainer Agreement my hourly rate is 5425,00 per hour and work
oerforrned by the Legal Sec.retar /Paralegal is $ I 50,00 per hour.
9. The IDefendant has been charged the sum of 516,663,30 through July 3 , 2020.
the date of the latest billing invoice, tor attorney’s fees, costs and disbursements. Copies of’
the Defendant’s billing invoices are attached flereto at Exhibit B. Below’ please; find a
breakcjown ot the Detencant’s monthly nvowe totals:
P~’x2of3
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May 1, $019 ~nvoice: $4930
June 1, 2019 kivoice: 1~016.00
July 1, $019 lnvo~ce: $31.25
August 1, 2019 lnvo~ce: 4~5$6,55
September 3,2019 Invoice: $1230
October 1, $019 Thvoice: 555.50
November 6, $0 9 Invoice: 531.25
January 3, 2020 Invoice: 1440.00
February 1, 2020 Invoice:
March 2, 2020 Invoice: 2368.75
April 1 5~$020 Invoice: 2c465.00
May 7, 2020 Invoice: 57.00
June 1, 2020 hvoice: 0.00
July 9, $020 Invoice: 1~O56,75
July 31, 2020 Invoice:
$1~$a3o
10. respectfully submit all of the invoices set forth herein are reasonable and
necessary itt order to protect the Defendant’s interests.
WFIEREFOREc deponent respectfully requests the Court grant an award ofcounsel fees
to counsel in the sum of $1 &363.30 representing the current charges for professional services
rendered to the Defendant to date, plas additionally for those expenses incurred through the
date of the latest hilling invoke through trial and. decision, and far such other, further and
different relief as to the Court may seem just and proper.
Dated: August 31, 2020
Roche~tcrNew Ya—k
~ \
‘Ma~ileeC. Sercu. tEs$i
SERCU & SEROC?, LLP
Attorneys for Defendant
3 1 North Main Street
Pittsford, New York 1453$
Telephone: (585) 385~25l0
Page 3 o~3
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SERCU & SERCU, LLP
Mtorneys and counselors at Law
31 North Main Street
Püaforc/~New ~!ork14534
(585) 385~25ffl
Marilee G0 Sercu, Esq. Stephen J. Sere; Esq.
~iFitzera~d
fL~ENOTE~ THIS RETAINER LEflER & AGREEMENT EXHRES
IN THIRTY (301 DAYS UNLESS SIGNED AND RETURNED WtTH THE
REQUESTED RETAINER FEE
THIS AGREEMENT FOR LEGAL SERWCES by and between SERCU & SERCU~LLP~
MARILEE G. SERCU~ESQQ~of Courts and HthH Fitzgerald. This agreement constitutes
binding legal contract and should be reviewed carefully.
2. Nature of senices to be renderS:
a. This retainer agreen~ernconflnr~that you have retained Marilee 6. Sercu, Esq. as your
attonwy to represent you in a Monroe County Supreme Court post4 udgmentof Divorce contempt and
enforcement proceeding.
b. It is fartherunderstood that:
Other than the matter, which is specilied above, this Retainer Agreement and any sums
paid to Sercu & Sereu, LLP, Marilee 0. Sercu, Esq~of Counsel, pursuant hereto, do not cover any
services relative to any appeal or any other services which might be required following the entry of a
final judgment or order including, hut not limited to, such matters as enfbreement or modification. My
representation shaH terminate with the cntry of final judgment in your matter, tmkss extended by
mutual agreement between us, in writing.
3. Amount ofthe advance relalner~aS what It is intended to cover
a, In order for as to begin my representation, you have agreed to pay me, and I have agreed
to accept a retainer payment of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,SOOjØ),
Paj~cI at I
EXHHUT A
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This retainer payment does not necessarily represem the amount of the overall fee which you may
incur by virme of my services, The amount of my eventual fee will be based upon my regular schedule
of established hourly time charges, along with any out~ofpocketdisbursements (i,e. Court costs,
messenger services, transcripts of proceedings, long distance telephone calls, telefaxes, process service
fees, mileage, deposition and Court transcripts, and excess postage), which are incurred in your behalf.
b. The monies given as a retainer will be deposited into a trust aceount~and used for the
purpose of providing a fund against which billings will be credited with respect to legal services
rendered and disbursements incurred on your behalf. In the event that our services are terminated prior
to the use of the monies in said trust account, any balance will be refunded to you. Fees outstanding for
more than a thirty (30) day period will result in the imposition of a late charge equal to 2% per month
on the unpaid balance. Additionally, disbursement fees which have been advanced by the Law Firm
will also be subject to the imposition of a late charge equal to one~halfof 1% per month on the unpaid
balance when said fees have been outstanding for more than a thirty (30) day period. ffij~hg~ven~jhat
a crSit card joy the or osesof rovidin
e. The client further understands that the hourly rates apply to all time expended relative to
the client’s matter, including, but not limited to, office meetings and conferences, telephone calls and
conferences, either placed by or placed to the client, or otherwise made or had on the client’s behalf or
related to the client’s matter, preparation, review and revision of correspondence, pleadings, motions,
disclosure demands and responses, affldavits and affirmations, or any other documents, memoranda, or
papers relative to the client’s matter, legal research, Court appearances, conferences, tile review,
preparation time, travel time, and any other time expenses on behalf of or in connection with the
client’s matter.
ci. fl~nerRefrg~h; At such time ur times as the unused portlon of the retainer deposit is
nearly depleted and/or falls below Two Thousand Dollars ($2,OUOJW;, you agree to pay promptly
within ten (10) days. upon request, an additional sum of Five Thousand Five Hundred Dollars
($5,S0O,00) so that the retainer is restored.
4, Trial RetaIner Deposit
If your case is scheduled for trial, the Client shall pay any overdue balance in full and, irg
addition, shall deliver an advance trial deposit of Fifteen Thousand Dollars ($IS~OWUJfl)on or before
the first of the month prior to the scheduled trial date, Failure by the Client to comply with this
Pag~g2 or U
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provision may resuli in the Law Office making a wrinen applicatiun ro the Courg, on notice to Client,
to withdraw from representation of the Client,
5. The eircomstggnc~sunder which any portion of the advance retainer may be refuSed:
If the attorney~efiengrelationship is terminated without your matter having~been concluded, e,g,,
IF you and your spouse were to reconcile and the action was discontiueth or if you were to discharge
Maclice C, 5ereu~Esq, as your attorney, or if she were to wilhdraw her represen~on, your final
hilling invoice will include all time at the specified hourly rages, pursuant go this retainer, calculated
until the date ofcaneelagion of the retainer.
6. The clicurs right to cancel the agreement. at any time; how the kwney~sfee will be
detennined and paid shmdd the client discharge the attorney at any time during the
representatio~
Your final hilling invoice will include ali time at the specifled hourly rates, pursuant to this
retainer, calculated until the date ofcaneelation of the retainer,
7, How the attorney will be paid through the conclusion of the case after the retainer is
deplets; whether the client wiB he asked to pay another lump sttnc
a. You may be required to pay an additional Retainer before a Trial, (unless it can be settled to
your satisfaction before that time), as mom time must be devoted to your ease to prepare For the final
Hearing. I will not make any settlement of your ease without your consent, nor will any proceedings
b.c tiled in Court without yourapproval.
b. In the event that a negotiated sefflerneng has not been arrived at, and eseculed, thirty (30)
days prior to the date upon which your action or proceeding is scheduled for trial or hearing and should
your initial retainer have been then utilized in full, an additional retainer will be then due and payable.
the terms in respect ofwhich shall be identical to those hereinabove set forth as to the initial retainer.
& The hourly rate for time charged to the client; any out~oFpocketdishurserne~br which
the client, will be required to reimburse the attorney, Any changes in such rates or kes shall be
incorporated into a written agreement constituting an amendment to the original agreemen~
which must be signed by the client before it may take effect,
a. The retainer fee shall he credited toward an hourly rate of Four Hundred ~
flullar~($425M0) per hour for time lexpend on any action takes on behalf of the client mit of Court
Out of Court time shall, be defined as but not limited to, correspondences (telephonic and/or written),
office conferences, file review, preparation ofdocuments, depositions, memos, research, etc.
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b. The retainer Fee shall be credited toward an hourly rate of Five Hmidred Dullars ($S4l0,00j
per hour for time expend on any action taken on behalf of the client ji~ourt, In Court time shall be
defined as bat not limited to, travel time to/from Court, motions argements, Court conferences.
depositions at the courthouse, pre~triaiconferences, This does not include hearingflri~time which is
defined hereinbelow,
c. Representation at hearIng and/or trial shall be billed at the rate of Three Thousand Dollars
per day (One Thous~mdFive Hundred Dollars ($1 p500,00) for nnethaif day or any part
thereofl, This rate includes negodations during assigned hearing/trial dates,
d. The retainer fee shall he credited toward an hourly rate of Four Hundred Twerny~Five
Dollars ($425.00) per hoar for time expended by a Partner Attorney. Three Hand/ed Fifty Dollars
($350.00) per hour for time expended by Associate Attorney, and One Hundred Fifty Dollars
($150.00) per hour for time expended by any Legal Secretary/Far~egal
e. In addition to the foregoing, your responsibility will include direct payment or
reimbursement to me (or disbursements advanced on your behalf, the same to include, hut not
necessarily be limited to, Court filing fees, recording fees, charges of vroeess servers, travel expenses,
copying costs, messenger services, necessary secretarial overtime, transcripts and the customary fees
of stenographers referable to examinations before trial in the event such examinations are utilized,
f, Each letter will be billed at a minimum of twmflfths (,4D) of an hour, and every telephone
conversation at a minimum of one~quarter(,25) of an hour. This amount has been arrived at as a
result of calculating the time involved in retrieving the file, and examining the documents or letters
mqtnrcd to dictate the letter or respond to the call, making notes of all telephone calls, in addition to
the time required to consider the problem arising from or to be dealt with in the call or letter,
g. The hourly rates set forth in this retainer agreement will remain in effect throughout the
period of my representation for the matter set forth in this retainer agreement, unless changed by
mutual consent of you and me, in which event any modiflcation of the hourly rates shall be reduced to
writing and signed by you and toe.
h. Any check returned for insuffieient funds will incur charges at the rate of Thirty Dollars
($3OAMI) per cheek,
9. Frequency of lientixed billing, which shall may he every thirty (30) to sixty (60) days; the
client may not be charged for time spent in discussion of the bills received:
You will be billed periodically, generally every thirty (30) to sixty ($0) days. Included in the
billing will be a detailed explanation of the services rendered, by who rendered, and the disbursements
P4r4ot fl
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incurred by me in e neetion with your matier. Upon receipt of my bill, you are czpected to review the
bill and promptly bring to my temion, any objections you may have to the bills, While I strive to
keep perfectly accurate time records, I recognize the possibility of human error, and shall discuss
with you, any objections you raise to my bill, You will not be charged for time expended in discussing
with me, any aspect of the bill rendered to you.
10, ClienCa right to be provided with copies of core spondeuce and documents relating to the
ease. and to be kept apprised of the status of the case,
I shall keep you informed of the status of your ease and agree to explath the laws pertinent to
your situation, the available course of action, and the attendant risks. I shall noti you promptly of any
developments in your case, including Court appearances, and will be available for meetings and
tetephunc eonvermtions with you at mutually convenient times. I do insist that appointments be made
for personal visits to my offices. Copies of all papers will be supplied to you as they are prepared,
(unless you request to the contrary), and, when applicable you will he billed a reasonable photocopy
charge (at present fifteen (tS) cents per page for copies made on your behalf in excess of 100 pages),
for these materials which will he included in your period hilling,
I I, Whether and under what circumstances the attorney might seek a security interest from
the elient~which can be obtained only upon Court approval and on notice to the adversary:
a. While I expect to be paid the fees due me in timely fashion, in situations where the client
does not have the funds readily available to pay additional fees as they accrue, I may, as an
accommodation, agree to accept a security interest in property in lieu of immediate payment, A
security interest may take the form of a Confession of Judgment, Promissory Note, or Mortgage upon
specified properly, In either event, a lien will attach to your property. In the case of your marital
residence, any such security interest shall be non$orcclosahle, i.e., I shalt nut force a sale of your home
but would be paid at the time you sell the premises. You are advised that any such security interest
can he gnrnted to me only with the permission of the Court upon an application on notice tn the
opposing party, and after an applIcation has been made for your spouse to pay the outstanding
12. Under what circumstances the attorney might seek to withdraw from the ease for non~
payment of fees, and the attorneys right tn seek a charging lien from the Court:
a. You are advised that if, in my judgment, 1 decide that there has been an irretrievable
breakdown in the attorney~clientrelationship, or a material breach of the terms of this retainer
agreement, I may make application to the Court in which your action is pending to he relieved as your
Sot Ct
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attorney. Itt such event, you will he provided with notice of the application and an opportunity to be
heard. Should any fees be due and nwing~to me at the time of my discharge, I shall have the tight, in
addition to arty other remedy, to seek a charging bert, or a lien upon the property that is awarded to you
as a result of equitable distribution in the final order or Judgment in your case, No such lien may attach
to maintenance or child support payments.
b. I may not automatically withdraw as your counsel merely due to nonpayment of your bill,
Art application must be made to the Court upon Notice to you.
e, If our auomey~eilentrelationship is terminated, I shall have the right to copy, at the client’s
expense, the client’s file or any part thereof.
13, Should a dispute arise concerning the uttnrney~nfees the client may seek arbkratiort [which
is binding upon both attorney and dicati; the attorney shall provide h3formation concerning fee
arbitration in the event of such dispute or upon the elienVs request.
While I seek to avoid any fee disputes with my clients, and rarely have such disputes, in the
event such a dispute does arise, you are advised that you have the right, at your election, to seek
arbitration to resolve the fee dispute, In such event, I shall advise you, in writing, by ~crtifled Mail,
that you have thirty (30) days from receipt of such notice in which to elect to resolve the dispute by
arbitration, and I shall enclose a copy of the arbitration rules and a form for requesting arbitration, The
decision resulting from arbitration is binding upon both you and me,
Under prevailing law, an application may be made to the Court in which your action is pending,
either prior to triaL or at the trial, for your spouse to pay all or part of your legal expenses incurred
and/or to be incurred in this matter~There is no certainty that any such recovery may actually occur, as
the application rests in the discretion of the Court, In the event such an award of fees is made and
collected, the amount collected shall be credited to your bill, At the end of your case, (is,, a final
judgment in the matrimonial action), any amount collected that exceeds your billing will be refitnded
to you. Conversely, you shall remain liable for any balance due to me after crediting any amount
collected from your spouse,
2. ~~fledDntiteetieRelationgortlergDRo.
You may be entitled to an interest in your spouse’s retirement plans through his/her employer
Unfortunately, the law in this area does not automatically give you the right to receive benefits from
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such plan. Presently, yuu have the right to process your claim to a portk-m of your spous&s I terest in a
retirement plan.
I would be happy to represent you in processing your clithu. You should understand that
depending on the attitude of the Plan Administrator, this process could take a kw months, or more
than a year, and the time consumed by me could he as little as an hour to as much as thirty (30) hou~
should re~drafiingand amending of the Order(s) be necessary to meet the requirernems of the Plan
Administrator, The reason for speculation in this area comes about as a result of the fact the Plan
Administrator was not a party to your settlement, and the Plan has laded to advise members of the bar
on the exact languageli will accept at any given time, The Plans may also change From time to time.
11 you wish for me to represent you in the preparation of a Qualified Domestic Relations Order
on your behalf, you must execute a separate retainer agreemen~specifically for said Qualified
Domestic Relations Order.
3 nti000fExerLs:
a, You have been advised that in order for as to properly protect your interests, it may be
necessary to retain outside experts such as appraisers, actuaries, and accountants, You will be
responsible for the costs incurred for any such service which, in some cases, may have to he paid in
advance depending upon the requirements of the particular expert. No expert or appraiser shall be
retained without your prior approval, H’ necessary and applicable, an application will be made to the
Court to have your spouse pay all or part of the aforementioned fees for experts.
b. In order for me to properly protect your interest1 and in light of my experience in matrimonial
litigation it is important that I select, or at least consent to, the experts being retained in your matter,
Accordingly, you agree to procure my consent relative to the retention of any experts fhr your ease.
4,
a. The client acknowledges that he or she has read this agreement in its entirety, has had full
opportunity to consider its terms, and has had, full and satisfectory explanation of same, and dilly
understands its terms, and agrees to such terms.
b. The client fully understands and acknowledges that there are no addItional or different terms
or agreements other than those expressly set forth in this written agreement.
c, The client acknowledges that he or she was provided with and read the Statement of Client’s
Rights and Responsibilities, a copy of which is attached hereto.
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5. ~ion:
I have informed you that pursuant to Court nde. am required, as your attorney, to certify Court
papers submitted by you which contain statements of fact, and, specifically, to certify that have no
knowledge that the substance of the submission is false. Accordingly, you agree to provide mc with
complete and accurate information which boos the basis of Court papers and to certify in writing to
me, prior to the time the papers are actually submitted to the Court, the accuracy of the Court
submissions which I prepare on your behalf, and which you shall review and sign. You may be asked
to substitute facruai or financial matters with documentation, receipts or other evidence, Should there
be a lack of reasonable substanthtioa on critical or substantial factual or financial issues, I will have
the option to withdraw as your cotmsel or forego certification,
6.
It is specifically acknowledged by you that I have made no representations to you, express or
implied, concerning the. outcome of the litigation presently pending, or hereafter to be commenced
between you and your spouse. You further acknowledge that I have not guaranteed, and cannot
guarantee, the success of any action taken by roe on your hehaif during such litigation with respect to
any matter therein, including, without limitation, issues of spousal and/or child support, custody and/or
visitation, exclusive occupancy of the marital premises, equitable distribution of marital assets, the
declaration of separate property, counsel Ices, and/or a trial.
7,
You are aware of the hazards of litigation and ackeowledge that I have made no guarantees in the
disposition of any phase of the matter for which you have retained mc. If this fee arrangement meets
with your approval, kindly siga your name where indicated on the copy of this letter and return same to
me in the envelope enclosed for your convenience. You acknowledge that pursuant to Court rule, a
copy of this retainer letter is required to he filed with the Court in which your action is pending.
BY EXECUTING THIS “RETAINER LETTER AND AGREEMENT’, YOU HEREBY
ACKNOWLEDGE THAT YOU HAVE READ EACH AND EVERY PARAGRAPH, THAT YOU
UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS DETAILED ABOVE, AND
THAT YOU HAVE NO QUESTIONS AND/OR THAT ALL QUESTIONS IN CONNECTION
WITH THIS MATTER, IF ANY, HAVE BEEN FULLY AND COMPLETELY EXPLAINED TO
YOUR SATISFAcTION.
S ~‘t’
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I have read and understand the within terms and conditions of this Retainer Agreement. I have
received a copy and accept all of its terms.
Dated: . 2019
Heidi ger
SS#
Dated: 2019
ari cc G.Scrcu,
Page 9 of
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STATEMENT OF CLIENVS RIGHTS AND RESPONSIBILITIES
An attorney is providing you with this document to inform you of what you, as a ehent, are entided to
by Law or by custom, To hetp prevent any misundersu~ndingbetween you and the attorney, please read
this document carefully.
if you ever have any questions about these rights, or about the way your case is being handled once
you retain the attorney, you are responsible to ask your attorney. Your attorney should be readily
available to represent your best ifflerests and to keep you informed about your ease.
An attorney may not refuse to represent you on the basis of race, creed, color, sex, sexual orientation,
age, national origin or disability.
You are entitled to an attorney who will be capable of handling your case; show you courtesy sod
consideration at all times; represent you zealously; and preserve your eonfldences and secrets that you
reveal in the course of the relationship, to the extent pcrmittcd by law. You are responsible to
communicate honestly, civilly and respectfully with your attorney.
if you are hiring an attorney you and your attorney are required to sign a written retainer agreement
which must set forth, in plain language, the nature of the reLationship and the details of the fee
arrangement, &fore you sign the retainer agreement, you are responsible to read it and ask the
attorney any questions you have before you sign it. At your request, and before you sign the
agreement, you arc entitled to have your attorney clarify in writing any of its terms, or include
additional provisions.
You are entitled to fully understand the proposed rates and retainer fee before yuu sign a retainer
agreement, as in any other contract, The retainer fee you pay to the attorney, as is written in the
retainer agreement, may not be enough money to pay for all the time that the attorney works on your
ease.
You may refuse to enter into any fee arrangement that you flnd unsatisfac~o~y,
An 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 he obtained.
An attorney may not request a retainer fee that is non~refundablc,That is, should you discharge the
attorney, or should the attorney withdnrw from the ease with Court permission, before the retainer has
been used up, the attorney is entitled to be paid commensurate with the work performed on your case
and any expenses, The attorney must return to you any balance of the retalner that has not been used,
However, the attorney may enter into a minimum fee arrangement with you thut provides for the
payment of a specific amount below which the fee will not fail based upon the attorney’s handling of
the ease to its conclusion,
You are entitled to know the approximate number of attorneys and other legal staff members who will
he working on your case at any given time and what you will be charged for the services of each.
You are entitled to know in advance how you wid be asked to pay legal fees and expenscs, and how
the retainer, if any, will be spent.
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You may he responsible at the beginning of the case or before or after the trial to contribute to or pay
the other party~sattorney~sfees and other costs if the Court has ordered you to do so.
The other party may be responsible to contribute to or to pay your attorney’s kes, if the Court orders
the other party to do so, However, if the other party fails to pay the Court ordered fee, you are still
responsible for the fees owed to your attorney and experts in your case,
You are required to pay for court tiling thea, process servers as well as fees for expert reports,
testimony, depositions and/or trial testimony and you may seek reimbursement (torn the other party.
If you engage in conduct which is found to be frivolous or meant to intentionaily delay the ease you
could be fined or sanctioned and/or responsible for additional fees.
At your request, and after your attorney has had a reasonable oppouunity to investigate your ease, you
are entitled to be given an estimate of approximate future costs of your case. That estimate shah be
made in good faith hut may be subject to change due to theta and circumstances that develop during
your case. There are no guarantees that the cost of your ease will he as originally estimated,
You are entitled to receive a written, itemized bill on a regular basis, at least every $0 days,
You are expected to review the itemized hills sent to you by your attorney) and to rake any objections
or errors in a timely manner in writing, ‘Fime spent in discussion or explanation of hills wilt not be
charged to you.
You arc responsible to be honest and truthful in all discussions with your attorney, and to provide all
relevant information and documentation to enable her or him to competently prepare your case,
Attorneys and clients must make reasonable efforts to maintain open communication during business
hours throughout the representation, An attorney may seek to be relieved as your attorney if you arc
not honest and truthftil with her or him.
You are entitled to be kept iaformed of the status of your ease, and to be provided with copies of
correspondence and documents prepared on your behalf or received from the court or your adversary.
Your attorney is required to discuss the following with you: a) the automatic orders that are in effect
once either party files a summons with notice; b) the law that provides for the financial support of the
children, the Child Support Standards Act) if you and the other party have children under the age of
twenty~one;and c) the law that provides for the financial support of the parties) the Maintenance
Guidelines Statute,
You are responsible to he present and on time in court at the time that conferences, oral argutneuts,
hearings and trials are conducted unless excused by the Judge or the part rules ofthe assigned Judge,
You are entitled to make the ultimate decision on the objectives to be pursued in your case) and to
make the final decision regarding the settlement of your case. Your attorney has the right to send you
written communications if your attorney disagrees with how you want your case handled,
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 or proceeding is pending, the
court may give your attorney a “charging lien, which entitles your attorney to payment for services
already rendered at the end of the case nut of the proceeds of the final order or judgment, In some
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cases~your ailorney may exeruse a ~retaiSg lien” which, subject to Court proceethn~s~
may allow
them to keep your file as security,
You are under no legal obligation to sign a niession ofjudgmem or promissory note, or to agree to a
lien or mongage on your home to pay for legal fees, Your attorneys written retainer agreement must
specify whether, and coder what circumstances, such security may be requested. In no event may such
Preview
FILED: MONROE COUNTY CLERK 02/10/2021 01:44 PM INDEX NO. I2011011118 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2021 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2625012 Book Page CIVIL Return To: No. Pages: 44 MARILEE GREEN SERCU Instrument: EXHIBIT(S) Control #: 202102100671 Index #: I2011011118 Date: 02/10/2021 FITZGERALD, CRAIG P Time: 1:47:47 PM FITZGERALD, HEIDI A Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 202102100671 IndexNO. INDEX # : I2011011118 I2011011118 FILED: MONROE COUNTY CLERK 02/10/2021 01:44 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2021 STATE oF NEW YORK JPRFKIF COURT COUNTY OF MONROE CRAIG A. FflTZGERALD. ATTORNEY FEE AFFIRMATION vs. ~ ~t•-~~ ?irw~~~t trq ~~tfl~rpp t ..dL.~ t’t, ~. ~st n ~ ‘, r~4~ c~ MARILEE C. SERCU. beina dudy sworn, Ueposes and says that the foflowina is true to the best. at. her kriowk:dge and jntormation. and that as to those allegations made upon information and betiet. she reasonaoly believes them to be true~ I. I am an attorney duly auniuted to prachce taw before the Courts of the State of New York and I’ am the atturney tort he Defendant in the ahove.entitled matter. Heidi A. t~t?oen~tdI submit this Affirmation in support at the Defendant’s request for attorneys fees. 2. I• have been aOnuitted to practtce law in New York State: since $$P. am a Member of the New York State Bar Association and we Monroe County Bar Association. The ‘ ‘ ‘0’ ‘. ‘~ ~ 0 ‘0 ~ .. ‘ C ~ employed, and orior to that, I was of counsel to the few firm ot Adair, Kaul. Murphy, Axehod Q. .-.., -- - ~t 0~1I1WW,LL 3. 1 make this application in support of the Defendant’s request for attorney’s fees and your deponent believes that all fees being requested herein are fair and reasonabk and that all s.ervices rendered to date by your deponent were reasonably required of me, are fair and reasonable, and were required to be pertormned in oruter to afford appropriate protection to the EXH HUT B 202102100671 IndexNO. INDEX #: I2011011118 I2011011118 FILED: MONROE COUNTY CLERK 02/10/2021 01:44 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2021 fl rights of the. Defendant herein. Your deponern belleves that all services which were rendered \\~\ ~“O ~ ~ \ \ ‘~ ~ 4, Attorneys are reqwred by Court to sign Retainer Agreements with clients. S. The Defendant retained my ore: essiona~services on or about April 26. 2019. fbr representation in connect~onwith a Monroe Supreme Court post~Judgmer~t 01 Divorce contempt and enfOrcement proceeding, A copy ot the Defendant’s Retainer Agreement is attached hereto as Exhibit A. 6. Iris the ractice of this 010cc to require a sufficient retu~nerto provide assurance tO the attorney that reasonable and necessary thes which will be incurred in the prosecution the action will be paid. ~t,:C,:~~t r-\.,_,.A.,~ 1 ,,~ ~ ~ N ~ N retainer in the amount of 57,50(100, which the Defendant paid on or about April 26, 2019. Fr~rbt~r Defendant made additional retainer oavments ofS3~50000on orabout September 13, 201$; S5,5O0~00on or about January 7, 2020; and S2~O0O~00 on or about January 9,2020. 8. Per the Retainer Agreement my hourly rate is 5425,00 per hour and work oerforrned by the Legal Sec.retar /Paralegal is $ I 50,00 per hour. 9. The IDefendant has been charged the sum of 516,663,30 through July 3 , 2020. the date of the latest billing invoice, tor attorney’s fees, costs and disbursements. Copies of’ the Defendant’s billing invoices are attached flereto at Exhibit B. Below’ please; find a breakcjown ot the Detencant’s monthly nvowe totals: P~’x2of3 202102100671 IndexNO. INDEX #: I2011011118 I2011011118 FILED: MONROE COUNTY CLERK 02/10/2021 01:44 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2021 May 1, $019 ~nvoice: $4930 June 1, 2019 kivoice: 1~016.00 July 1, $019 lnvo~ce: $31.25 August 1, 2019 lnvo~ce: 4~5$6,55 September 3,2019 Invoice: $1230 October 1, $019 Thvoice: 555.50 November 6, $0 9 Invoice: 531.25 January 3, 2020 Invoice: 1440.00 February 1, 2020 Invoice: March 2, 2020 Invoice: 2368.75 April 1 5~$020 Invoice: 2c465.00 May 7, 2020 Invoice: 57.00 June 1, 2020 hvoice: 0.00 July 9, $020 Invoice: 1~O56,75 July 31, 2020 Invoice: $1~$a3o 10. respectfully submit all of the invoices set forth herein are reasonable and necessary itt order to protect the Defendant’s interests. WFIEREFOREc deponent respectfully requests the Court grant an award ofcounsel fees to counsel in the sum of $1 &363.30 representing the current charges for professional services rendered to the Defendant to date, plas additionally for those expenses incurred through the date of the latest hilling invoke through trial and. decision, and far such other, further and different relief as to the Court may seem just and proper. Dated: August 31, 2020 Roche~tcrNew Ya—k ~ \ ‘Ma~ileeC. Sercu. tEs$i SERCU & SEROC?, LLP Attorneys for Defendant 3 1 North Main Street Pittsford, New York 1453$ Telephone: (585) 385~25l0 Page 3 o~3 202102100671 IndexNO. INDEX #: I2011011118 I2011011118 FILED: MONROE COUNTY CLERK 02/10/2021 01:44 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2021 SERCU & SERCU, LLP Mtorneys and counselors at Law 31 North Main Street Püaforc/~New ~!ork14534 (585) 385~25ffl Marilee G0 Sercu, Esq. Stephen J. Sere; Esq. ~iFitzera~d fL~ENOTE~ THIS RETAINER LEflER & AGREEMENT EXHRES IN THIRTY (301 DAYS UNLESS SIGNED AND RETURNED WtTH THE REQUESTED RETAINER FEE THIS AGREEMENT FOR LEGAL SERWCES by and between SERCU & SERCU~LLP~ MARILEE G. SERCU~ESQQ~of Courts and HthH Fitzgerald. This agreement constitutes binding legal contract and should be reviewed carefully. 2. Nature of senices to be renderS: a. This retainer agreen~ernconflnr~that you have retained Marilee 6. Sercu, Esq. as your attonwy to represent you in a Monroe County Supreme Court post4 udgmentof Divorce contempt and enforcement proceeding. b. It is fartherunderstood that: Other than the matter, which is specilied above, this Retainer Agreement and any sums paid to Sercu & Sereu, LLP, Marilee 0. Sercu, Esq~of Counsel, pursuant hereto, do not cover any services relative to any appeal or any other services which might be required following the entry of a final judgment or order including, hut not limited to, such matters as enfbreement or modification. My representation shaH terminate with the cntry of final judgment in your matter, tmkss extended by mutual agreement between us, in writing. 3. Amount ofthe advance relalner~aS what It is intended to cover a, In order for as to begin my representation, you have agreed to pay me, and I have agreed to accept a retainer payment of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,SOOjØ), Paj~cI at I EXHHUT A 202102100671 IndexNO. INDEX #: I2011011118 I2011011118 FILED: MONROE COUNTY CLERK 02/10/2021 01:44 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2021 This retainer payment does not necessarily represem the amount of the overall fee which you may incur by virme of my services, The amount of my eventual fee will be based upon my regular schedule of established hourly time charges, along with any out~ofpocketdisbursements (i,e. Court costs, messenger services, transcripts of proceedings, long distance telephone calls, telefaxes, process service fees, mileage, deposition and Court transcripts, and excess postage), which are incurred in your behalf. b. The monies given as a retainer will be deposited into a trust aceount~and used for the purpose of providing a fund against which billings will be credited with respect to legal services rendered and disbursements incurred on your behalf. In the event that our services are terminated prior to the use of the monies in said trust account, any balance will be refunded to you. Fees outstanding for more than a thirty (30) day period will result in the imposition of a late charge equal to 2% per month on the unpaid balance. Additionally, disbursement fees which have been advanced by the Law Firm will also be subject to the imposition of a late charge equal to one~halfof 1% per month on the unpaid balance when said fees have been outstanding for more than a thirty (30) day period. ffij~hg~ven~jhat a crSit card joy the or osesof rovidin e. The client further understands that the hourly rates apply to all time expended relative to the client’s matter, including, but not limited to, office meetings and conferences, telephone calls and conferences, either placed by or placed to the client, or otherwise made or had on the client’s behalf or related to the client’s matter, preparation, review and revision of correspondence, pleadings, motions, disclosure demands and responses, affldavits and affirmations, or any other documents, memoranda, or papers relative to the client’s matter, legal research, Court appearances, conferences, tile review, preparation time, travel time, and any other time expenses on behalf of or in connection with the client’s matter. ci. fl~nerRefrg~h; At such time ur times as the unused portlon of the retainer deposit is nearly depleted and/or falls below Two Thousand Dollars ($2,OUOJW;, you agree to pay promptly within ten (10) days. upon request, an additional sum of Five Thousand Five Hundred Dollars ($5,S0O,00) so that the retainer is restored. 4, Trial RetaIner Deposit If your case is scheduled for trial, the Client shall pay any overdue balance in full and, irg addition, shall deliver an advance trial deposit of Fifteen Thousand Dollars ($IS~OWUJfl)on or before the first of the month prior to the scheduled trial date, Failure by the Client to comply with this Pag~g2 or U 202102100671 IndexNO. INDEX #: I2011011118 I2011011118 FILED: MONROE COUNTY CLERK 02/10/2021 01:44 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2021 provision may resuli in the Law Office making a wrinen applicatiun ro the Courg, on notice to Client, to withdraw from representation of the Client, 5. The eircomstggnc~sunder which any portion of the advance retainer may be refuSed: If the attorney~efiengrelationship is terminated without your matter having~been concluded, e,g,, IF you and your spouse were to reconcile and the action was discontiueth or if you were to discharge Maclice C, 5ereu~Esq, as your attorney, or if she were to wilhdraw her represen~on, your final hilling invoice will include all time at the specified hourly rages, pursuant go this retainer, calculated until the date ofcaneelagion of the retainer. 6. The clicurs right to cancel the agreement. at any time; how the kwney~sfee will be detennined and paid shmdd the client discharge the attorney at any time during the representatio~ Your final hilling invoice will include ali time at the specifled hourly rates, pursuant to this retainer, calculated until the date ofcaneelation of the retainer, 7, How the attorney will be paid through the conclusion of the case after the retainer is deplets; whether the client wiB he asked to pay another lump sttnc a. You may be required to pay an additional Retainer before a Trial, (unless it can be settled to your satisfaction before that time), as mom time must be devoted to your ease to prepare For the final Hearing. I will not make any settlement of your ease without your consent, nor will any proceedings b.c tiled in Court without yourapproval. b. In the event that a negotiated sefflerneng has not been arrived at, and eseculed, thirty (30) days prior to the date upon which your action or proceeding is scheduled for trial or hearing and should your initial retainer have been then utilized in full, an additional retainer will be then due and payable. the terms in respect ofwhich shall be identical to those hereinabove set forth as to the initial retainer. & The hourly rate for time charged to the client; any out~oFpocketdishurserne~br which the client, will be required to reimburse the attorney, Any changes in such rates or kes shall be incorporated into a written agreement constituting an amendment to the original agreemen~ which must be signed by the client before it may take effect, a. The retainer fee shall he credited toward an hourly rate of Four Hundred ~ flullar~($425M0) per hour for time lexpend on any action takes on behalf of the client mit of Court Out of Court time shall, be defined as but not limited to, correspondences (telephonic and/or written), office conferences, file review, preparation ofdocuments, depositions, memos, research, etc. 202102100671 IndexNO. INDEX #: I2011011118 I2011011118 FILED: MONROE COUNTY CLERK 02/10/2021 01:44 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2021 b. The retainer Fee shall be credited toward an hourly rate of Five Hmidred Dullars ($S4l0,00j per hour for time expend on any action taken on behalf of the client ji~ourt, In Court time shall be defined as bat not limited to, travel time to/from Court, motions argements, Court conferences. depositions at the courthouse, pre~triaiconferences, This does not include hearingflri~time which is defined hereinbelow, c. Representation at hearIng and/or trial shall be billed at the rate of Three Thousand Dollars per day (One Thous~mdFive Hundred Dollars ($1 p500,00) for nnethaif day or any part thereofl, This rate includes negodations during assigned hearing/trial dates, d. The retainer fee shall he credited toward an hourly rate of Four Hundred Twerny~Five Dollars ($425.00) per hoar for time expended by a Partner Attorney. Three Hand/ed Fifty Dollars ($350.00) per hour for time expended by Associate Attorney, and One Hundred Fifty Dollars ($150.00) per hour for time expended by any Legal Secretary/Far~egal e. In addition to the foregoing, your responsibility will include direct payment or reimbursement to me (or disbursements advanced on your behalf, the same to include, hut not necessarily be limited to, Court filing fees, recording fees, charges of vroeess servers, travel expenses, copying costs, messenger services, necessary secretarial overtime, transcripts and the customary fees of stenographers referable to examinations before trial in the event such examinations are utilized, f, Each letter will be billed at a minimum of twmflfths (,4D) of an hour, and every telephone conversation at a minimum of one~quarter(,25) of an hour. This amount has been arrived at as a result of calculating the time involved in retrieving the file, and examining the documents or letters mqtnrcd to dictate the letter or respond to the call, making notes of all telephone calls, in addition to the time required to consider the problem arising from or to be dealt with in the call or letter, g. The hourly rates set forth in this retainer agreement will remain in effect throughout the period of my representation for the matter set forth in this retainer agreement, unless changed by mutual consent of you and me, in which event any modiflcation of the hourly rates shall be reduced to writing and signed by you and toe. h. Any check returned for insuffieient funds will incur charges at the rate of Thirty Dollars ($3OAMI) per cheek, 9. Frequency of lientixed billing, which shall may he every thirty (30) to sixty (60) days; the client may not be charged for time spent in discussion of the bills received: You will be billed periodically, generally every thirty (30) to sixty ($0) days. Included in the billing will be a detailed explanation of the services rendered, by who rendered, and the disbursements P4r4ot fl 202102100671 IndexNO. INDEX #: I2011011118 I2011011118 FILED: MONROE COUNTY CLERK 02/10/2021 01:44 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2021 incurred by me in e neetion with your matier. Upon receipt of my bill, you are czpected to review the bill and promptly bring to my temion, any objections you may have to the bills, While I strive to keep perfectly accurate time records, I recognize the possibility of human error, and shall discuss with you, any objections you raise to my bill, You will not be charged for time expended in discussing with me, any aspect of the bill rendered to you. 10, ClienCa right to be provided with copies of core spondeuce and documents relating to the ease. and to be kept apprised of the status of the case, I shall keep you informed of the status of your ease and agree to explath the laws pertinent to your situation, the available course of action, and the attendant risks. I shall noti you promptly of any developments in your case, including Court appearances, and will be available for meetings and tetephunc eonvermtions with you at mutually convenient times. I do insist that appointments be made for personal visits to my offices. Copies of all papers will be supplied to you as they are prepared, (unless you request to the contrary), and, when applicable you will he billed a reasonable photocopy charge (at present fifteen (tS) cents per page for copies made on your behalf in excess of 100 pages), for these materials which will he included in your period hilling, I I, Whether and under what circumstances the attorney might seek a security interest from the elient~which can be obtained only upon Court approval and on notice to the adversary: a. While I expect to be paid the fees due me in timely fashion, in situations where the client does not have the funds readily available to pay additional fees as they accrue, I may, as an accommodation, agree to accept a security interest in property in lieu of immediate payment, A security interest may take the form of a Confession of Judgment, Promissory Note, or Mortgage upon specified properly, In either event, a lien will attach to your property. In the case of your marital residence, any such security interest shall be non$orcclosahle, i.e., I shalt nut force a sale of your home but would be paid at the time you sell the premises. You are advised that any such security interest can he gnrnted to me only with the permission of the Court upon an application on notice tn the opposing party, and after an applIcation has been made for your spouse to pay the outstanding 12. Under what circumstances the attorney might seek to withdraw from the ease for non~ payment of fees, and the attorneys right tn seek a charging lien from the Court: a. You are advised that if, in my judgment, 1 decide that there has been an irretrievable breakdown in the attorney~clientrelationship, or a material breach of the terms of this retainer agreement, I may make application to the Court in which your action is pending to he relieved as your Sot Ct 202102100671 IndexNO. INDEX #: I2011011118 I2011011118 FILED: MONROE COUNTY CLERK 02/10/2021 01:44 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2021 attorney. Itt such event, you will he provided with notice of the application and an opportunity to be heard. Should any fees be due and nwing~to me at the time of my discharge, I shall have the tight, in addition to arty other remedy, to seek a charging bert, or a lien upon the property that is awarded to you as a result of equitable distribution in the final order or Judgment in your case, No such lien may attach to maintenance or child support payments. b. I may not automatically withdraw as your counsel merely due to nonpayment of your bill, Art application must be made to the Court upon Notice to you. e, If our auomey~eilentrelationship is terminated, I shall have the right to copy, at the client’s expense, the client’s file or any part thereof. 13, Should a dispute arise concerning the uttnrney~nfees the client may seek arbkratiort [which is binding upon both attorney and dicati; the attorney shall provide h3formation concerning fee arbitration in the event of such dispute or upon the elienVs request. While I seek to avoid any fee disputes with my clients, and rarely have such disputes, in the event such a dispute does arise, you are advised that you have the right, at your election, to seek arbitration to resolve the fee dispute, In such event, I shall advise you, in writing, by ~crtifled Mail, that you have thirty (30) days from receipt of such notice in which to elect to resolve the dispute by arbitration, and I shall enclose a copy of the arbitration rules and a form for requesting arbitration, The decision resulting from arbitration is binding upon both you and me, Under prevailing law, an application may be made to the Court in which your action is pending, either prior to triaL or at the trial, for your spouse to pay all or part of your legal expenses incurred and/or to be incurred in this matter~There is no certainty that any such recovery may actually occur, as the application rests in the discretion of the Court, In the event such an award of fees is made and collected, the amount collected shall be credited to your bill, At the end of your case, (is,, a final judgment in the matrimonial action), any amount collected that exceeds your billing will be refitnded to you. Conversely, you shall remain liable for any balance due to me after crediting any amount collected from your spouse, 2. ~~fledDntiteetieRelationgortlergDRo. You may be entitled to an interest in your spouse’s retirement plans through his/her employer Unfortunately, the law in this area does not automatically give you the right to receive benefits from 202102100671 IndexNO. INDEX #: I2011011118 I2011011118 FILED: MONROE COUNTY CLERK 02/10/2021 01:44 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2021 such plan. Presently, yuu have the right to process your claim to a portk-m of your spous&s I terest in a retirement plan. I would be happy to represent you in processing your clithu. You should understand that depending on the attitude of the Plan Administrator, this process could take a kw months, or more than a year, and the time consumed by me could he as little as an hour to as much as thirty (30) hou~ should re~drafiingand amending of the Order(s) be necessary to meet the requirernems of the Plan Administrator, The reason for speculation in this area comes about as a result of the fact the Plan Administrator was not a party to your settlement, and the Plan has laded to advise members of the bar on the exact languageli will accept at any given time, The Plans may also change From time to time. 11 you wish for me to represent you in the preparation of a Qualified Domestic Relations Order on your behalf, you must execute a separate retainer agreemen~specifically for said Qualified Domestic Relations Order. 3 nti000fExerLs: a, You have been advised that in order for as to properly protect your interests, it may be necessary to retain outside experts such as appraisers, actuaries, and accountants, You will be responsible for the costs incurred for any such service which, in some cases, may have to he paid in advance depending upon the requirements of the particular expert. No expert or appraiser shall be retained without your prior approval, H’ necessary and applicable, an application will be made to the Court to have your spouse pay all or part of the aforementioned fees for experts. b. In order for me to properly protect your interest1 and in light of my experience in matrimonial litigation it is important that I select, or at least consent to, the experts being retained in your matter, Accordingly, you agree to procure my consent relative to the retention of any experts fhr your ease. 4, a. The client acknowledges that he or she has read this agreement in its entirety, has had full opportunity to consider its terms, and has had, full and satisfectory explanation of same, and dilly understands its terms, and agrees to such terms. b. The client fully understands and acknowledges that there are no addItional or different terms or agreements other than those expressly set forth in this written agreement. c, The client acknowledges that he or she was provided with and read the Statement of Client’s Rights and Responsibilities, a copy of which is attached hereto. 202102100671 IndexNO. INDEX #: I2011011118 I2011011118 FILED: MONROE COUNTY CLERK 02/10/2021 01:44 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2021 5. ~ion: I have informed you that pursuant to Court nde. am required, as your attorney, to certify Court papers submitted by you which contain statements of fact, and, specifically, to certify that have no knowledge that the substance of the submission is false. Accordingly, you agree to provide mc with complete and accurate information which boos the basis of Court papers and to certify in writing to me, prior to the time the papers are actually submitted to the Court, the accuracy of the Court submissions which I prepare on your behalf, and which you shall review and sign. You may be asked to substitute facruai or financial matters with documentation, receipts or other evidence, Should there be a lack of reasonable substanthtioa on critical or substantial factual or financial issues, I will have the option to withdraw as your cotmsel or forego certification, 6. It is specifically acknowledged by you that I have made no representations to you, express or implied, concerning the. outcome of the litigation presently pending, or hereafter to be commenced between you and your spouse. You further acknowledge that I have not guaranteed, and cannot guarantee, the success of any action taken by roe on your hehaif during such litigation with respect to any matter therein, including, without limitation, issues of spousal and/or child support, custody and/or visitation, exclusive occupancy of the marital premises, equitable distribution of marital assets, the declaration of separate property, counsel Ices, and/or a trial. 7, You are aware of the hazards of litigation and ackeowledge that I have made no guarantees in the disposition of any phase of the matter for which you have retained mc. If this fee arrangement meets with your approval, kindly siga your name where indicated on the copy of this letter and return same to me in the envelope enclosed for your convenience. You acknowledge that pursuant to Court rule, a copy of this retainer letter is required to he filed with the Court in which your action is pending. BY EXECUTING THIS “RETAINER LETTER AND AGREEMENT’, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ EACH AND EVERY PARAGRAPH, THAT YOU UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS DETAILED ABOVE, AND THAT YOU HAVE NO QUESTIONS AND/OR THAT ALL QUESTIONS IN CONNECTION WITH THIS MATTER, IF ANY, HAVE BEEN FULLY AND COMPLETELY EXPLAINED TO YOUR SATISFAcTION. S ~‘t’ "™°^ "' '' FILED: MONROE COUNTY CLERK 02/10/2021 01:44 PM INDEX NO. I2011011118 202102100671 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2021 I have read and understand the within terms and conditions of this Retainer Agreement. I have received a copy and accept all of its terms. Dated: . 2019 Heidi ger SS# Dated: 2019 ari cc G.Scrcu, Page 9 of 202102100671 IndexNO. INDEX #: I2011011118 I2011011118 FILED: MONROE COUNTY CLERK 02/10/2021 01:44 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2021 STATEMENT OF CLIENVS RIGHTS AND RESPONSIBILITIES An attorney is providing you with this document to inform you of what you, as a ehent, are entided to by Law or by custom, To hetp prevent any misundersu~ndingbetween you and the attorney, please read this document carefully. if you ever have any questions about these rights, or about the way your case is being handled once you retain the attorney, you are responsible to ask your attorney. Your attorney should be readily available to represent your best ifflerests and to keep you informed about your ease. An attorney may not refuse to represent you on the basis of race, creed, color, sex, sexual orientation, age, national origin or disability. You are entitled to an attorney who will be capable of handling your case; show you courtesy sod consideration at all times; represent you zealously; and preserve your eonfldences and secrets that you reveal in the course of the relationship, to the extent pcrmittcd by law. You are responsible to communicate honestly, civilly and respectfully with your attorney. if you are hiring an attorney you and your attorney are required to sign a written retainer agreement which must set forth, in plain language, the nature of the reLationship and the details of the fee arrangement, &fore you sign the retainer agreement, you are responsible to read it and ask the attorney any questions you have before you sign it. At your request, and before you sign the agreement, you arc entitled to have your attorney clarify in writing any of its terms, or include additional provisions. You are entitled to fully understand the proposed rates and retainer fee before yuu sign a retainer agreement, as in any other contract, The retainer fee you pay to the attorney, as is written in the retainer agreement, may not be enough money to pay for all the time that the attorney works on your ease. You may refuse to enter into any fee arrangement that you flnd unsatisfac~o~y, An 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 he obtained. An attorney may not request a retainer fee that is non~refundablc,That is, should you discharge the attorney, or should the attorney withdnrw from the ease with Court permission, before the retainer has been used up, the attorney is entitled to be paid commensurate with the work performed on your case and any expenses, The attorney must return to you any balance of the retalner that has not been used, However, the attorney may enter into a minimum fee arrangement with you thut provides for the payment of a specific amount below which the fee will not fail based upon the attorney’s handling of the ease to its conclusion, You are entitled to know the approximate number of attorneys and other legal staff members who will he working on your case at any given time and what you will be charged for the services of each. You are entitled to know in advance how you wid be asked to pay legal fees and expenscs, and how the retainer, if any, will be spent. 202102100671 IndexNO. INDEX #: I2011011118 I2011011118 FILED: MONROE COUNTY CLERK 02/10/2021 01:44 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2021 You may he responsible at the beginning of the case or before or after the trial to contribute to or pay the other party~sattorney~sfees and other costs if the Court has ordered you to do so. The other party may be responsible to contribute to or to pay your attorney’s kes, if the Court orders the other party to do so, However, if the other party fails to pay the Court ordered fee, you are still responsible for the fees owed to your attorney and experts in your case, You are required to pay for court tiling thea, process servers as well as fees for expert reports, testimony, depositions and/or trial testimony and you may seek reimbursement (torn the other party. If you engage in conduct which is found to be frivolous or meant to intentionaily delay the ease you could be fined or sanctioned and/or responsible for additional fees. At your request, and after your attorney has had a reasonable oppouunity to investigate your ease, you are entitled to be given an estimate of approximate future costs of your case. That estimate shah be made in good faith hut may be subject to change due to theta and circumstances that develop during your case. There are no guarantees that the cost of your ease will he as originally estimated, You are entitled to receive a written, itemized bill on a regular basis, at least every $0 days, You are expected to review the itemized hills sent to you by your attorney) and to rake any objections or errors in a timely manner in writing, ‘Fime spent in discussion or explanation of hills wilt not be charged to you. You arc responsible to be honest and truthful in all discussions with your attorney, and to provide all relevant information and documentation to enable her or him to competently prepare your case, Attorneys and clients must make reasonable efforts to maintain open communication during business hours throughout the representation, An attorney may seek to be relieved as your attorney if you arc not honest and truthftil with her or him. You are entitled to be kept iaformed of the status of your ease, and to be provided with copies of correspondence and documents prepared on your behalf or received from the court or your adversary. Your attorney is required to discuss the following with you: a) the automatic orders that are in effect once either party files a summons with notice; b) the law that provides for the financial support of the children, the Child Support Standards Act) if you and the other party have children under the age of twenty~one;and c) the law that provides for the financial support of the parties) the Maintenance Guidelines Statute, You are responsible to he present and on time in court at the time that conferences, oral argutneuts, hearings and trials are conducted unless excused by the Judge or the part rules ofthe assigned Judge, You are entitled to make the ultimate decision on the objectives to be pursued in your case) and to make the final decision regarding the settlement of your case. Your attorney has the right to send you written communications if your attorney disagrees with how you want your case handled, 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 or proceeding is pending, the court may give your attorney a “charging lien, which entitles your attorney to payment for services already rendered at the end of the case nut of the proceeds of the final order or judgment, In some 202102100671 IndexNO. INDEX #: I2011011118 I2011011118 FILED: MONROE COUNTY CLERK 02/10/2021 01:44 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2021 cases~your ailorney may exeruse a ~retaiSg lien” which, subject to Court proceethn~s~ may allow them to keep your file as security, You are under no legal obligation to sign a niession ofjudgmem or promissory note, or to agree to a lien or mongage on your home to pay for legal fees, Your attorneys written retainer agreement must specify whether, and coder what circumstances, such security may be requested. In no event may such