New Jersey Divorce and Family Lawyer Blog
Pursuant to New Jersey statutes, and a common term in lawyers’ retainer agreements, is often a provision for the attorney to retain what is referred to as a charging lien in the assets of the marital estate to allow an attorney to be paid for legal services. Usually the existence of attorney’s right to a charging lien is merely academic as matters glide through the system. Occasionally, however, issues arise regarding an attorney’s fee which require court intervention. Pursuant to N.J.S.A. 2A:13-15, an attorney is entitled to a lien against a marital assets in controversy for the purpose of the payment of legal fees. The attorney’s lien is an inchoate right that attaches to the assets of the marital estate upon the completion of the ttorney’s involvement in the matter. Continue reading ›