Kenneth Vercammen is a Middlesex County Trial Attorney who has published 130 articles in national and New Jersey publications on Criminal Law, Probate, Estate and litigation topics.

He was awarded the NJ State State Bar Municipal Court Practitioner of the Year.

He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters.

To schedule a confidential consultation, call us or New clients email us evenings and weekends via contact box www.njlaws.com.

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500

Wednesday, October 21, 2009

Hrycak v. Kiernan - Attorney Retainer Statement Can Include Legal Fees For Fee Arbitration.

Attorney Retainer Statement Can Include Legal Fees For Fee Arbitration. Hrycak v. Kiernan 367 NJ Super. 237 (App. Div. 2004).

Plaintiff, an attorney, appealed the denial of claimed reasonable additional fees incurred in enforcing an arbitration award and as provided for in the retainer agreement. The plaintiff was the defendant's attorney in a matter before the Family Part and the parties disputed the value of plaintiff's legal services. Even after a fee arbitration determination reduced the plaintiff's bill, the defendant still refused to pay the balance due, and plaintiff was required to bring suit to enforce the award. Plaintiff originally requested an additional $450 in attorneys' fees in connection with the enforcement suit as authorized as a minimum in the retainer agreement, but was denied. Because this agreement and fee amount was fair and reasonable the Appellate Division reversed the Law Division judge's denial of the additional attorney's fees.