Notice of Charging Lien Dismissed; Boies Schiller & Flexner Retainer Fails to Contain Required Provisions ||
May 10, 2018OUTCOME: The Court denied BSF's motion and dismissed the amended notice of charging lien,
After plaintiff represented by Karen Winner sought dismissal of a notice of $800,000 charging lien, plaintiff’s former law firm Boies Schiller & Flexner, LLP, (BSF) sought an order fixing the lien in i ... ts favor for fees and disbursements owed to it by plaintiff in connection with the underlying matrimonial action. The Court had to decide if BSF complied with its obligations under 22 NYCRR §§1400.2 and 1400.3 so that it would be entitled to fix its charging lien against plaintiff. The Court denied BSF's motion and dismissed the amended notice of charging lien, finding since the BSF retainer did not contain the provisions required to be in matrimonial retainers as explicitly mandated by 22 NYCRR §1400.3, BSF could not recover its outstanding fees for the underlying action. The court noted the retainer, among other things, did not describe the nature of services to be rendered other than to state they were "in connection with your matrimonial matter," failed to state how any part of the advance retainer may be refunded, did not state how attorneys' fees would be determined in case the client discharged the attorney, and failed to state how the attorney would be paid after the retainer was, depleted.
