A Review Attorney is What?
No
matter who you ask – a family law attorney, an individual going through
a divorce, an individual whose neighbor’s barber is going through a
divorce – they all have different answers as to the question of “What is
a review attorney?” Since being a review attorney is part of my
practice, I decided to address this question.In mediation, review attorneys are usually defined in one of two ways.
Way One. For whatever the reasons, there are individuals who do not want to retain an attorney while going through the mediation process. In this scenario, the clients each retain an attorney after they have completed the mediation process. In this case, the review attorney’s job would then be to analyze the Memorandum of Understanding, which was prepared by the mediator, to determine how equitable it is for the client. If the attorney determines that any of the terms set forth in the Memorandum of Understanding are not fair to her client, she probably will suggest that the client return to mediation and renegotiate those terms.
Once the review attorney and client are satisfied that the terms of the Memorandum of Understanding are fair and equitable, the review attorney will draft the Property Settlement Agreement as well as the necessary paperwork that must be filed with the court in order to finalize the divorce. Minimally, the attorney needs to have an understanding of the parties’ basic finances, etc., in order to give advice and prepare the necessary documents. Additionally, the review attorney may have to negotiate some final details such as wording or other nuances with the other party’s review attorney.
When clients retain the review attorney at the end of the process they run the risk that the attorney may “upset the apple cart,” so to speak. In other words, all the work that was accomplished in the mediator’s office could be for nothing if a review lawyer is only brought in at the end of the negotiations. If a client does not have a clear understanding of the law while working with the mediator and realizes after mediation is complete that the agreement isn’t as fair as he or she thought, this could result in a renegotiation of some or all of the terms of settlement and, in some cases, cause the settlement to completely fall apart and end up in litigation. It always has been my opinion that individuals going through the mediation process should retain a review attorney from day one.
Way Two. In Way Two, each of the parties retain an attorney early on in the mediation process. The attorney is retained to review the law with the client and to counsel the client as to what issues should be raised in mediation, as well as guide the client as to what would be a fair and equitable result. Once the parties conclude the mediation process, the attorney will review the mediator’s Memorandum of Understanding and then prepare the Property Settlement Agreement as well as any other documents necessary to finalize the divorce.
How often the client seeks the attorney’s advice is up to the client. Some clients need to review all of the details with their attorney, while others only need to review the so-called “big ticket” items. Either way, chances are if a review attorney is retained in the beginning of the process there is less of a chance that issues will have to be readdressed – and less of a chance that significant issues will arise while drafting the final Property Settlement Agreement.
Individuals who are involved in the litigation process may also benefit from retaining a review attorney. Many individuals going through the litigation process get nervous and start second guessing their decisions or just want to make sure that they are on the right track. So, what do they do? They go to see another attorney and ask them to review their case. As in any profession there are the good and the bad. There are attorneys who will review the file and be honest. They might say,
“You’re on the right track.
Don’t switch attorneys because it will cost you a lot of money for me to
review and learn your file, and I’m not going to do things much
differently – so just ask your attorney about that”.
or they might say,
“Oh, I know you’re going to
have to pay me a thousand or two to review your file and get up to
speed, but it will be worth it because I can get you X, Y and Z” .
Unfortunately they don’t, and, in the end, the client has wasted
thousands of dollars. Of course there are those who legitimately see big
issues that aren’t being addressed and can truly help a litigant and
thus, it would be worth it to change attorneys.So how do you find the one who is telling the truth? Well, life has no guarantees, but what you do is ask around. You ask attorneys, you ask people who have gone through a divorce or you can ask a mediator for recommendations. Another, option for a second opinion attorney, is an attorney mediator, especially one who limit the types of litigation matters they handle or who no longer handles litigation matters. Chances are they will be honest with you, because they aren’t looking to take your case.
If you are in New Jersey and are seeking a review attorney, contact me today to schedule a consultation.
Lorraine R. Breitman
Lorraine@BreitmanLaw.com
691 Cedar Lane, Teaneck, NJ 07666
(201) 370-3530