I have often blogged about the importance of attorneys following the rules.  In choosing an attorney, it is very important to have an attorney that has integrity and seriously takes considers his or her ethical obligation to follow the law, counsel their clients properly, and treat the court with the authority and respect that it is due. I have discussed the ramifications when an attorney inappropriately advocates for a client by either not following the law or the reality of the facts of the case.

 If an attorney does not take his role as a counselor of the law seriously, there can be irreparable damage.  The damage can be emotionally as well as financially.  There was a recent case in Nassau County whereby an action for legal fees was commenced by a wife against the husband.  The court, after having done a trial, had made a ruling that based on a party’s agreement, the issue of counsel fees would be decided on written submissions.  What this basically means is, rather than having a hearing, both sides would prepare affidavits with the basis for the attorney fees as well as giving detailed time slips and bills as to the actual services rendered. 

The wife moved for over $79,000.00 in counsel fees to be paid by the husband.  The husband then cross-moved to dismiss the motion and sought $10,000.00 in counsel fees for responding to wife’s frivolous motion and for sanctions for her harassing and dilatory misconduct by filing the motion.  The parties had agreed that the issue would be on submission and the court  gave time frames in which to submit their papers.  The wife’s application was untimely.  It was over 3 years since the deadline.  The court dismissed her application because she did not follow the briefing schedule.

I applaud the court for this, for many times, it is  very frustrating situation when a briefing a schedule is given, and one party follows the schedule and the other one does not.  The court even acknowledged the wife’s claim that the delay was due to conversations between the party’s counsel to extend time to avoid motion practice,; however, the court never approved same.  The court, because the parties and their counsel did not obey the ruling, felt that it had complete disregard for the court’s directive. Thus, the motion was defective and untimely.  Not only did they dismiss her action for counsel fees, they sanctioned her in the amount of $5,000.00 because the application was late and because the husband had to then defend what the court deemed to be a frivolous motion.

 Even though the wife stated that the reason she didn’t submit the motion timely, was because the parties were trying to work out something; the court noted that they needed to ask the court for permission to extend deadlines. If parties at any need time to engage in settlement negotiations they have to speak to the court to extend deadlines or they could have continued settlement negotiations after submitting their papers. 

Again, this is another case in which parties must be wary of certain rules and regulations set down by the court. Be aware if your attorney is not following them. .  Does your attorney have support staff?  Do you have an attorney who is prompt and does the work that is needed to be done?  Are you cooperating with your attorney or are you causing delays because they cannot complete the paperwork that’s necessary?  This is something that you must consider while you are in litigation.  I, for one, always prepare my paperwork on time.  I involve and keep after my clients. If I need an extension for time, I will ask the court and submit a stipulation signed by the other attorney.  I suggest that you choose an attorney that will do the same.