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NJ Divorce Client Must Pay Fees Despite Pending Malpractice Suit Against Firm

By Mary Pat Gallagher
April 29, 2010

A family court order requiring a divorce litigant to pay the law firm Budd Larner $50,000 in legal fees, even though he had a malpractice case pending against the firm, has been upheld on appeal.

The New Jersey Appellate Division ruled on Feb. 8 that there was no error in ordering and enforcing the fee award to the Short Hills, NJ, firm, because the client neither asked the family court for a stay nor sought to consolidate the malpractice and matrimonial cases. In Cole v. Cole, A-1710, the court also found it significant that the court below expressly carved out the malpractice issue from its decision, and made no findings on those allegations.

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