Preview
FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024
EXHIBIT A
FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024
THE LAW OFFICES OF ANTHONY A. CAPETOLA
TWO HILLSIDE AVENUE
BUILDING C
WILUSTON PARK, NEW YORK 11596
TELEPHONE 516 746-2300
FAX 516 746-2318
www.capetolalaw.com
ANTHONY A. CAPETOLA
ROBERT P. JOHNSON REOINA M. COMPETIELLO
LINDA KULE MICHAEL C. BARROWS
DANIELLE J. SEID - VAZANA LAUREN R RIESENFELD
MICHELE R. OLSEN YURY SAKHAROV
MICHELE CAPETOLA
JENNIFER L. SCHENKER KATHARINE J. RICHARDS
JENNIFER L OARBER Of Counsel
THIS SHALL CONSTITUTE A RETAINER AGREEMENT FOR LEGAL SERVICES BY
AND BETWEEN:
THE LAW OFFICES OF ANTHONY A. CAPETOLA, 2C Hillside Avenue, Williston Park,
New York, 11596; and k 1(! buf l(C..Residing at HCI )C0 Qi AVE DC.CÜh ?
4(
THIS SHALL CONSTITUTE A LEGALLY BINDING CONTRACT AND SHOULD BE
CAREFULLY REVIEWED.
Re:
Dear \/ 5, ave K
This writing confirms that you have retained this firm to act as your attomeys and to represent you
in negotiating an Agreement with your husband/wife if that is reasonably possible, or, if not
reasonably possible, to represent you in a matrimonial action.
It is further understood that:
- The retainer fee set forth below does not include any services rendered in Appellate Coutts
or any actions or proceedings other than the action for which this office has been retained.
- With respect to the matter which is specified this Retainer Agreement and any sums
above,
paid to this firm pursuant hereto do not cover any services relative to any appeal or to any
other services which might be required following the entry of a final Judgment of Divorce
or Order, including, but not limited to, such matters as enforcement or modification. Our
representation shall terminate with the entry of a final Judgment of Divorce in your matter,
unless extended by mutual Agreement between us, in writing.
FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024
You authorize this law firm to take any steps which, in the sole discretion of the firm, are deemed
necessary or appropriate to protect your interests in the matter, including appearing in Family Court
to obtain relief on your behalf or defending an action or proceeding in Family Court in which you
are a respondent. This retainer will also cover any appearance on your behalf in any criminal court
to defend a criminal charge against you or to act as an advocate on your behalf where you are the
complainant. If this firm intervenes with any debt collector in any collection brought against you,
this retainer covers said services including any appearances as counsel in any related litigation.
Except for appeals, this retainer covers all ancillary proceedings which may be necessary to assist
you, wherein an attorney from this firm performs services on your behalf.
In order for us to begin our representation, you have agreed to pay us, and we have agreed to accept,
a retainer ofS$¤30 . This retainer payment does not necessarily represent the amount of the
overall fee which you may incur by virtue of our services. The amount of our eventual fee is to be
based upon our regular schedule of established hourly time charges, along with any out-of-pocket
disbursements, such as Court costs, messenger services, transcripts of proceedings, process server
fees, deposition and Court transcripts, excess postage, including certified mailing fees and parldng
fees, which are incurred in your behalf. Should depositions need to be taken with regard to your
matter, you agree to deposit with us the sum of $500.00 toward the payment of said stenographic
fees and to pay the balance as billed.
It is further agreed that if you were introduced to our firm by outside counsel, such outside counsel
will share in a proportionate marmer the total fees charged herein, commensurate with the services
outside counsel shall perform.
You further understand that the hourly rates apply to all time expended relative to your matter,
including, but not limited to, office meetings and conferences, any and all electronic
communications including but not limited to reading and responding to text messages, emails, and
telephone conferences, either placed by you, placed to you, or otherwise made or had on your behalf
or related to your matter; preparation, review and revision of correspondence, text messages,
pleadings, motions, disclosure demands and responses, affidavits and affirmations, or any other
documents, memoranda, or papers relative to your matter, legal research, Court appearances,
conferences, file review, preparation time, travel time, and any other time expended on your behalf
in connection with your matter.
You have the absolute right to cancel this Retainer Agreement at any time. Should you exercise this
right, you will be charged the fee expenses (time charges and disbursements) incurred within
only
that period, and the fair and reasonable fee would be determined in accordance with legally accepted
standards, with the unearned balance of the retainer fee, if any, being promptly refunded to you.
Presently, the legally recognized elements of a reasonable fee, as set forth in the Code of
Professional Responsibility, are as follows:
- The time and labor the and of the questions involved and the
required, novelty difficulty
skill requisite to perform the legal services properly;
FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024
- The likelihood, if apparent or made Imown to you, that the acceptance of the particular
employment will preclude other employment by the lawyer. (You should know that this law
finn, by accepting retention as your attomeys, is clearly precluded from representing the
opposing party against you);
The fee charged in the locality for similar legal services;
customarily
The amount involved and the results obtained;
The time imposed
limitations by you or by circumstances;
- The nature and length of the professional relationship with you;
- The experience, reputation and ability of the attorney or attorneys performing the services;
- Whether the fee is fixed or contingent. (You should know that the Code of Professional
Responsibility provides: "A lawyer shall not enter into an Agreement for, charge or
collect...[a)ny fee in a domestic relations matter, the payment or amount of which is
contingent upon the securing of a divorce or upon the amount of maintenance, support,
equitable distribution, or property settlement...");
You agree to pay us such additional fees and to reimburse us for our advances on your behalf that
may be due from time to time not later than days from the date that we shall submit a
twenty (20)
bill to you for same. If an amount due to us is not paid within days after our statement
ninety (90)
to you of the amount due, interest at the rate of nine percent per annum (or interest at the
(9%)
prevailing statutory rate as set forth in the Civil Practice Law and Rules) shall be added to the
balance due to us.
You will be billed each month, but in no event less than
periodically, generally frequently every
sixty (60) days. Included in the billing will be a detailed explanation of the services rendered, by
whom rendered, and the disbursements incurred by our firm in connection with your matter.
Upon receipt of our bill, you are expected to review the bill and promptly bring to our attention any
objections you may have to the bill. While we strive to keep perfectly accurate time records, we
recognize the possibility of human error, and we shall discuss with you any objections you raise to
our bill. You will not be charged for time expended in discussing with us any aspect of the bill
rendered to you. Payments shall be first applied to disbursements then to outstanding bills for
services rendered.
You agree to pay for the services of the law firm in accordance with the schedule of
following
hourly rates:
Anthony A. Capetola $675.00
Linda Kule $475.00
FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024
Robert Johnson $475.00
Danielle J. Seid-Vazana $425.00
Michele R. Olsen $425.00
Michael C. Barrows $425.00
Jennifer Schenker $400.00
Michele Capetola $375.00
Jennifer L. Garber $350.00
Yury Sakharov $350.00
Regina M. Competiello $325.00
Lauren F. Riesenfeld $325.00
Law Clerks/Paralegals $185.00
In addition to the foregoing, your responsibility will include direct payment or reimbursementto this
firm for disbursements advanced on your behalf, the same to include, but not necessarily be limited
to, Court filing fees, recording fees, charges of process servers, travel expenses, copying costs at
$.25 per page, faxes at $1.00 per page, messenger services, necessary secretarial overtime,
transcripts and the customary fees of stenographers referable to examinations before trial in the
event such examinations are utilized. It is specifically understood and agreed that such payment
shall be made by you directly to the stenographer prior to commencing such examination, and the
same shall apply to all Court filing fees.
Each letter will be billed at a minimum of one-quarter (1/4) hour and every telephone conversation
at a minimum of one-quarter (1/4) 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 required to dictate
the letter or respond to the call, in addition to the time required to consider the problem arising from
or to be dealt with in the call or letter.
You understand that no one particular member of this firm is being retained but, rather that this law
firm, as an entity, is undertaking legal representation of you pursuant to this Retainer Agreement
and that this firm reserves the right to assign and delegate all aspects of such representation as the
firm, in its sole discretion, deems appropriate.
Such assignment and delegation may include, but is not limited to, preparation of pleadings,
motions, disclosure demands and responses, settlement negotiations, preparation of agreements,
preparation and conduct of examinations before trial, Court appearances, trial work, and any other
matter deemed by this firm to be appropriately delegated.
Likewise, law clerks and paralegals are often called upon to assist in document production, file
organization, preparation and review of financial statements and data, and such other duties as are
assigned by this firm.
We acknowledge an obligation to provide you with copies of correspondence and legal documents
relating to your case and will keep you apprised of its status.
FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024
While we expect to be paid the fees due us in a timely fashion, in situations where you do not have
funds readily available to pay additional fees as they accrue, we may, as an accommodation, agree
to take 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 property. In either
event, a lien will attach to your property. In the case of your marital residence, any such security
interest shall be non-forecloseable, i.e., we shall not 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 be granted to
us only with the permission of the Justice assigned to your case upon an application on notice to the
opposing party, and after an application has been made for your spouse to pay the outstanding fees.
In the event such application for payment of counsel fees by your spouse and a security interest for
the fees due this firm is made to the Court, you agree to cooperate in connection with such
application and to consent to the relief being requested from the Court. Failure on your part to so
cooperate and consent shall be deemed as a basis for withdrawal by this firm from representation
of you.
You are advised that if, in the judgment of this firm, we decide that there has been an irretrievable
breakdown in the attorney-client relationship, or a material breach of the terms of this Retainer
Agreement, we may decide to make application to the Court in which your action is pending to be
relieved as your attorneys. In such event, you will be provided with notice of the application and
an opportunity to be heard. Should any fees be due and owing to this firm at the time of our
discharge, we shall have the right, in addition to any other remedy, to seek a charging lien, i.e., 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.
In the event you do not pay your bill within ninety (90) days, you agree that this finn may withdraw
its representation at the option of this firm. In the event that an action is pending, and absent your
consent, an application must be made to the Court for such withdrawal. Where the fee is unpaid for
the period set forth above, you acknowledge that in connection with any such withdrawal
application, the account delinquency shall be good cause for withdrawal.
While we seek to avoid any fee disputes with our 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, we shall advise you, in writing, by certified mail, that you
have thirty (30) days from receipt of such notice in which to elect to resolve the dispute by
arbitration, and we shall enclose a copy ofthe arbitration rules and a form for requesting arbitration.
The decision from arbitration shall be binding upon both you and this firm.
resulting
You have been advised that in order for us 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 be paid in advance,
depending upon the requirements of the particular expert. Any such costs shall be in addition to our
fees for legal services. No expert or appraiser shall be retained without your prior approval. If
necessary and applicable, an application will be made to the Court to have your spouse pay all or
FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024
part of the aforementioned fees for experts. Our retention of any such expert on your behalf does
not constitute a warranty of whatsoever type or nature concerning the accuracy or reliability of any
opinion so rendered by that expert. Further, you agree to look solely to said expert for any
remuneration if said expert's opinion shall result in any damages to you.
In order for us to properly protect your interests, and in light of our experience in matrimonial
litigation, it is important that we select or at least consent to the experts being retained in your
matter. Accordingly, you agree to procure our consent relative to the retention of any experts for
your case which you may seek to retain.
You acknowledge that you have read this Retainer Agreement in its entirety, have had full
opportunity to consider its terms, have had full and satisfactory explanation of same, and fully
understand and agree to such terms.
You fully understand and acknowledge that there are no additional or different terms or agreements
other than those expressly set forth in this written Retainer Agreement.
You acknowledge that you were provided with and read the Statement of Clients Rights and
Responsibilities, a copy of which is attached to this Retainer Agreement.
We have informed you that pursuant to Court rule, we are required, as your attomeys, to certify
Court papers submitted by you which contain statements of fact, and specifically to certify that we
have no knowledge that the substance ofthe submission is false. Accordingly, you agree to provide
us with complete and accurate information which forms the basis of Court papers and to certify, in
writing, to us, prior to the time the papers are actually submitted to Court, the accuracy of the Court
submissions which we prepare on your behalf, and which you shall review and sign.
You are aware of the hazards of litigation and acknowledge that we have made no guarantees in the
disposition of any phase of the matter for which you have retained this firm. If this fee arrangement
meets with your approval, kindly sign your name where indicated below. You acknowledge that
pursuant to Court rule, a copy of this Retainer Agreement is required to be filed with the Court in
which your action is pending.
The parties herewith consent that the Supreme Court, Nassau County has in personam jurisdiction
over the parties and each consents that it will be the exclusive venue for determining any dispute
under this agreement (after arbitration proceedings, if any, have been waived or completed).
We look forward to being of service to you in connection with this matter.
Very truly yours,
LAW OFFICES OF ANTHONY A. CAPETOLA
FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024
I HAVE AD AND UNDERSTAND THE ABOVE RETAINER AGREEMENT, HAVE
RECEIVE A CO, Y OF SAME AND ACCEPT ALL OF ITS TERMS.
CLIENT: D TE:
SÊC RE EMAIL ADDRESS T E
USED FOR BILLING PURP
I CHOOSE TO RECEIVE ALL
BILLS BY REGULAR MAIL
FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024
STATEMENT OF CLIENT'S RIGHT S AND RESPONSIBILITIES
Your attorney is providing you with this document to inform you of what you, as a
client, are entitled to by law or by custom. To help preveiit any misunderstanding between
yoú and your attorney please read this document carefully.
If you ever have any questions about these rights, or about the way your case is
being handled, do not hesitate to ask your attorney. No orshe shouM be readily available
to represent your best interests and keep you informed about yoúr case.
.
An attorney may not refuse to represent you on the basis of race, creed, color, sex, sexual
orientation, ag.e national origin or disability.
You are entitled to an attorney who vidl be capable ofhandling your case; show you courtesy
and consideration at all times; represent you zealously; and preserve your confidences and secrets
that are revealed in the course of the relationship.
You are entitled to a written retainer agreement which must set forth, in plain language, the
nature. of the
relationship and the details of the fee arrangement. At your request, and before you
sign the agreement, you are 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 you sign a
retainer agreement, as in any other contract.
You may refuse to enter into any fee arrangement that you find unsatisfactory.
Your 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 be obtained.
Your afterney may
Preview
FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024 EXHIBIT A FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024 THE LAW OFFICES OF ANTHONY A. CAPETOLA TWO HILLSIDE AVENUE BUILDING C WILUSTON PARK, NEW YORK 11596 TELEPHONE 516 746-2300 FAX 516 746-2318 www.capetolalaw.com ANTHONY A. CAPETOLA ROBERT P. JOHNSON REOINA M. COMPETIELLO LINDA KULE MICHAEL C. BARROWS DANIELLE J. SEID - VAZANA LAUREN R RIESENFELD MICHELE R. OLSEN YURY SAKHAROV MICHELE CAPETOLA JENNIFER L. SCHENKER KATHARINE J. RICHARDS JENNIFER L OARBER Of Counsel THIS SHALL CONSTITUTE A RETAINER AGREEMENT FOR LEGAL SERVICES BY AND BETWEEN: THE LAW OFFICES OF ANTHONY A. CAPETOLA, 2C Hillside Avenue, Williston Park, New York, 11596; and k 1(! buf l(C..Residing at HCI )C0 Qi AVE DC.CÜh ? 4( THIS SHALL CONSTITUTE A LEGALLY BINDING CONTRACT AND SHOULD BE CAREFULLY REVIEWED. Re: Dear \/ 5, ave K This writing confirms that you have retained this firm to act as your attomeys and to represent you in negotiating an Agreement with your husband/wife if that is reasonably possible, or, if not reasonably possible, to represent you in a matrimonial action. It is further understood that: - The retainer fee set forth below does not include any services rendered in Appellate Coutts or any actions or proceedings other than the action for which this office has been retained. - With respect to the matter which is specified this Retainer Agreement and any sums above, paid to this firm pursuant hereto do not cover any services relative to any appeal or to any other services which might be required following the entry of a final Judgment of Divorce or Order, including, but not limited to, such matters as enforcement or modification. Our representation shall terminate with the entry of a final Judgment of Divorce in your matter, unless extended by mutual Agreement between us, in writing. FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024 You authorize this law firm to take any steps which, in the sole discretion of the firm, are deemed necessary or appropriate to protect your interests in the matter, including appearing in Family Court to obtain relief on your behalf or defending an action or proceeding in Family Court in which you are a respondent. This retainer will also cover any appearance on your behalf in any criminal court to defend a criminal charge against you or to act as an advocate on your behalf where you are the complainant. If this firm intervenes with any debt collector in any collection brought against you, this retainer covers said services including any appearances as counsel in any related litigation. Except for appeals, this retainer covers all ancillary proceedings which may be necessary to assist you, wherein an attorney from this firm performs services on your behalf. In order for us to begin our representation, you have agreed to pay us, and we have agreed to accept, a retainer ofS$¤30 . This retainer payment does not necessarily represent the amount of the overall fee which you may incur by virtue of our services. The amount of our eventual fee is to be based upon our regular schedule of established hourly time charges, along with any out-of-pocket disbursements, such as Court costs, messenger services, transcripts of proceedings, process server fees, deposition and Court transcripts, excess postage, including certified mailing fees and parldng fees, which are incurred in your behalf. Should depositions need to be taken with regard to your matter, you agree to deposit with us the sum of $500.00 toward the payment of said stenographic fees and to pay the balance as billed. It is further agreed that if you were introduced to our firm by outside counsel, such outside counsel will share in a proportionate marmer the total fees charged herein, commensurate with the services outside counsel shall perform. You further understand that the hourly rates apply to all time expended relative to your matter, including, but not limited to, office meetings and conferences, any and all electronic communications including but not limited to reading and responding to text messages, emails, and telephone conferences, either placed by you, placed to you, or otherwise made or had on your behalf or related to your matter; preparation, review and revision of correspondence, text messages, pleadings, motions, disclosure demands and responses, affidavits and affirmations, or any other documents, memoranda, or papers relative to your matter, legal research, Court appearances, conferences, file review, preparation time, travel time, and any other time expended on your behalf in connection with your matter. You have the absolute right to cancel this Retainer Agreement at any time. Should you exercise this right, you will be charged the fee expenses (time charges and disbursements) incurred within only that period, and the fair and reasonable fee would be determined in accordance with legally accepted standards, with the unearned balance of the retainer fee, if any, being promptly refunded to you. Presently, the legally recognized elements of a reasonable fee, as set forth in the Code of Professional Responsibility, are as follows: - The time and labor the and of the questions involved and the required, novelty difficulty skill requisite to perform the legal services properly; FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024 - The likelihood, if apparent or made Imown to you, that the acceptance of the particular employment will preclude other employment by the lawyer. (You should know that this law finn, by accepting retention as your attomeys, is clearly precluded from representing the opposing party against you); The fee charged in the locality for similar legal services; customarily The amount involved and the results obtained; The time imposed limitations by you or by circumstances; - The nature and length of the professional relationship with you; - The experience, reputation and ability of the attorney or attorneys performing the services; - Whether the fee is fixed or contingent. (You should know that the Code of Professional Responsibility provides: "A lawyer shall not enter into an Agreement for, charge or collect...[a)ny fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of maintenance, support, equitable distribution, or property settlement..."); You agree to pay us such additional fees and to reimburse us for our advances on your behalf that may be due from time to time not later than days from the date that we shall submit a twenty (20) bill to you for same. If an amount due to us is not paid within days after our statement ninety (90) to you of the amount due, interest at the rate of nine percent per annum (or interest at the (9%) prevailing statutory rate as set forth in the Civil Practice Law and Rules) shall be added to the balance due to us. You will be billed each month, but in no event less than periodically, generally frequently every sixty (60) days. Included in the billing will be a detailed explanation of the services rendered, by whom rendered, and the disbursements incurred by our firm in connection with your matter. Upon receipt of our bill, you are expected to review the bill and promptly bring to our attention any objections you may have to the bill. While we strive to keep perfectly accurate time records, we recognize the possibility of human error, and we shall discuss with you any objections you raise to our bill. You will not be charged for time expended in discussing with us any aspect of the bill rendered to you. Payments shall be first applied to disbursements then to outstanding bills for services rendered. You agree to pay for the services of the law firm in accordance with the schedule of following hourly rates: Anthony A. Capetola $675.00 Linda Kule $475.00 FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024 Robert Johnson $475.00 Danielle J. Seid-Vazana $425.00 Michele R. Olsen $425.00 Michael C. Barrows $425.00 Jennifer Schenker $400.00 Michele Capetola $375.00 Jennifer L. Garber $350.00 Yury Sakharov $350.00 Regina M. Competiello $325.00 Lauren F. Riesenfeld $325.00 Law Clerks/Paralegals $185.00 In addition to the foregoing, your responsibility will include direct payment or reimbursementto this firm for disbursements advanced on your behalf, the same to include, but not necessarily be limited to, Court filing fees, recording fees, charges of process servers, travel expenses, copying costs at $.25 per page, faxes at $1.00 per page, messenger services, necessary secretarial overtime, transcripts and the customary fees of stenographers referable to examinations before trial in the event such examinations are utilized. It is specifically understood and agreed that such payment shall be made by you directly to the stenographer prior to commencing such examination, and the same shall apply to all Court filing fees. Each letter will be billed at a minimum of one-quarter (1/4) hour and every telephone conversation at a minimum of one-quarter (1/4) 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 required to dictate the letter or respond to the call, in addition to the time required to consider the problem arising from or to be dealt with in the call or letter. You understand that no one particular member of this firm is being retained but, rather that this law firm, as an entity, is undertaking legal representation of you pursuant to this Retainer Agreement and that this firm reserves the right to assign and delegate all aspects of such representation as the firm, in its sole discretion, deems appropriate. Such assignment and delegation may include, but is not limited to, preparation of pleadings, motions, disclosure demands and responses, settlement negotiations, preparation of agreements, preparation and conduct of examinations before trial, Court appearances, trial work, and any other matter deemed by this firm to be appropriately delegated. Likewise, law clerks and paralegals are often called upon to assist in document production, file organization, preparation and review of financial statements and data, and such other duties as are assigned by this firm. We acknowledge an obligation to provide you with copies of correspondence and legal documents relating to your case and will keep you apprised of its status. FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024 While we expect to be paid the fees due us in a timely fashion, in situations where you do not have funds readily available to pay additional fees as they accrue, we may, as an accommodation, agree to take 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 property. In either event, a lien will attach to your property. In the case of your marital residence, any such security interest shall be non-forecloseable, i.e., we shall not 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 be granted to us only with the permission of the Justice assigned to your case upon an application on notice to the opposing party, and after an application has been made for your spouse to pay the outstanding fees. In the event such application for payment of counsel fees by your spouse and a security interest for the fees due this firm is made to the Court, you agree to cooperate in connection with such application and to consent to the relief being requested from the Court. Failure on your part to so cooperate and consent shall be deemed as a basis for withdrawal by this firm from representation of you. You are advised that if, in the judgment of this firm, we decide that there has been an irretrievable breakdown in the attorney-client relationship, or a material breach of the terms of this Retainer Agreement, we may decide to make application to the Court in which your action is pending to be relieved as your attorneys. In such event, you will be provided with notice of the application and an opportunity to be heard. Should any fees be due and owing to this firm at the time of our discharge, we shall have the right, in addition to any other remedy, to seek a charging lien, i.e., 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. In the event you do not pay your bill within ninety (90) days, you agree that this finn may withdraw its representation at the option of this firm. In the event that an action is pending, and absent your consent, an application must be made to the Court for such withdrawal. Where the fee is unpaid for the period set forth above, you acknowledge that in connection with any such withdrawal application, the account delinquency shall be good cause for withdrawal. While we seek to avoid any fee disputes with our 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, we shall advise you, in writing, by certified mail, that you have thirty (30) days from receipt of such notice in which to elect to resolve the dispute by arbitration, and we shall enclose a copy ofthe arbitration rules and a form for requesting arbitration. The decision from arbitration shall be binding upon both you and this firm. resulting You have been advised that in order for us 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 be paid in advance, depending upon the requirements of the particular expert. Any such costs shall be in addition to our fees for legal services. No expert or appraiser shall be retained without your prior approval. If necessary and applicable, an application will be made to the Court to have your spouse pay all or FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024 part of the aforementioned fees for experts. Our retention of any such expert on your behalf does not constitute a warranty of whatsoever type or nature concerning the accuracy or reliability of any opinion so rendered by that expert. Further, you agree to look solely to said expert for any remuneration if said expert's opinion shall result in any damages to you. In order for us to properly protect your interests, and in light of our experience in matrimonial litigation, it is important that we select or at least consent to the experts being retained in your matter. Accordingly, you agree to procure our consent relative to the retention of any experts for your case which you may seek to retain. You acknowledge that you have read this Retainer Agreement in its entirety, have had full opportunity to consider its terms, have had full and satisfactory explanation of same, and fully understand and agree to such terms. You fully understand and acknowledge that there are no additional or different terms or agreements other than those expressly set forth in this written Retainer Agreement. You acknowledge that you were provided with and read the Statement of Clients Rights and Responsibilities, a copy of which is attached to this Retainer Agreement. We have informed you that pursuant to Court rule, we are required, as your attomeys, to certify Court papers submitted by you which contain statements of fact, and specifically to certify that we have no knowledge that the substance ofthe submission is false. Accordingly, you agree to provide us with complete and accurate information which forms the basis of Court papers and to certify, in writing, to us, prior to the time the papers are actually submitted to Court, the accuracy of the Court submissions which we prepare on your behalf, and which you shall review and sign. You are aware of the hazards of litigation and acknowledge that we have made no guarantees in the disposition of any phase of the matter for which you have retained this firm. If this fee arrangement meets with your approval, kindly sign your name where indicated below. You acknowledge that pursuant to Court rule, a copy of this Retainer Agreement is required to be filed with the Court in which your action is pending. The parties herewith consent that the Supreme Court, Nassau County has in personam jurisdiction over the parties and each consents that it will be the exclusive venue for determining any dispute under this agreement (after arbitration proceedings, if any, have been waived or completed). We look forward to being of service to you in connection with this matter. Very truly yours, LAW OFFICES OF ANTHONY A. CAPETOLA FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024 I HAVE AD AND UNDERSTAND THE ABOVE RETAINER AGREEMENT, HAVE RECEIVE A CO, Y OF SAME AND ACCEPT ALL OF ITS TERMS. CLIENT: D TE: SÊC RE EMAIL ADDRESS T E USED FOR BILLING PURP I CHOOSE TO RECEIVE ALL BILLS BY REGULAR MAIL FILED: NASSAU COUNTY CLERK 02/29/2024 03:02 PM INDEX NO. 603682/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/29/2024 STATEMENT OF CLIENT'S RIGHT S AND RESPONSIBILITIES Your attorney is providing you with this document to inform you of what you, as a client, are entitled to by law or by custom. To help preveiit any misunderstanding between yoú and your attorney please read this document carefully. If you ever have any questions about these rights, or about the way your case is being handled, do not hesitate to ask your attorney. No orshe shouM be readily available to represent your best interests and keep you informed about yoúr case. . An attorney may not refuse to represent you on the basis of race, creed, color, sex, sexual orientation, ag.e national origin or disability. You are entitled to an attorney who vidl be capable ofhandling your case; show you courtesy and consideration at all times; represent you zealously; and preserve your confidences and secrets that are revealed in the course of the relationship. You are entitled to a written retainer agreement which must set forth, in plain language, the nature. of the relationship and the details of the fee arrangement. At your request, and before you sign the agreement, you are 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 you sign a retainer agreement, as in any other contract. You may refuse to enter into any fee arrangement that you find unsatisfactory. Your 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 be obtained. Your afterney may