Frequently Asked Questions -- Matrimonial Law
My spouse wants me to find a lawyer. Can we both be represented by you in our divorce?
Generally speaking each party may have their own lawyer or may be unrepresented in a divorce. While some divorces allow for the paperwork to be completed in a more or less routine manner and submitted to court for approval by a judge, special referee or judicial hearing officer in many cases each of the spouse may have matters that they need to confidentially discuss. In such a situation it is not possible for one lawyer to remain loyal to both clients if he is aware of the confidential interests, knowledge or admissions of the other. In these cases it is best if both parties seek a lawyer, though sometimes it is possible for one lawyer to prepare the divorce papers for his client and the other party may seek a consultation with another lawyer to review the paperwork before signature.
Does Alex T. Roshuk offer free consultations?
While I am a busy lawyer I endeavor to provide my clients with personal service. If you are sincerely interested in developing an ongoing relationship with me do not hestiate to contact me so that we can explore that together. I hope you will find that I am a patient, caring person who will listen to your situation and help to guide you through this difficult time in your life. I hope you realize that time and knowledge are my stocks in trade and that while I am often generous I must make a living and pay the bills.
Do you have fixed fees or are all cases on retainer?
Some cases require constant attention and in these situations we must ask that a suitable retainer be paid into the firm's attorney trust (IOLA) account based upon the complexity of the matter the difficulty, the time constraints placed upon the firm and the issues. For many divorces the parties have come, or may easily come to a settlement of all necessary issues. In these cases flat fee and payment plans are available. Please inquire if you wish to know the flat fee that may be applicable to your case. However note that any fee quote is an estimate based upon the information that you give me and may be revised if my investigation uncovers other factors that may make settlement difficult.
Do you only handle cases in Brooklyn?
We have cases in all five boroughs of New York City and are also admitted to handle cases in federal courts in the Eastern District of New York (includes Brooklyn, Queens and Staten Island) and the Southern District of New York (Manhattan and the Bronx). Most uncontested divorce cases that are handled through our office are filed in K ings County as the Park Slope office is located only a few minutes away by car from the Court House.
If I call you up or email you with some questions are you my lawyer?
If you are seeking matrimonial representation the Court Rules require that before an attorney can represent you a written retainer must be completed according to those rules. It is also necessary for a retainer to be completed if you are seeking recovery for a personal injury. Routine matters that are under $3,000 do not need a written retainer. Any representation where the retainer is greater than $3,000 or which reasonably would require payments to your attorney of fees greater than $3,000 require a written retainer signed by both parties. If you call or write, you are not automatically a client of the firm. Even if you send money the firm must agree to represent you upon regular or special terms. Please also be advised that you should not communicate confidential information via email unless you are aware that the interception of such email may result in its disclosure to third parties or even your adversaries.