In a recent case, the Appellate Division declined to allow a charging lien for a law firm seeking fees for its work in a post-judgment matrimonial proceeding, but allowed the firm to bring its application for fees within the same action, eliminating the need for filing a separate complaint. It also reiterated in depth the criteria to satisfy fee applications and requirements for trial court determinations. We support the holding in Giarusso v. Giarusso.
The petitioning law firm rendered legal services in a post-judgment matrimonial action for the collection of alimony and child support arrears and equitable distribution from an ex-husband. Petitioner originally filed an application in the matrimonial proceeding to determine and enforce an attorney’s charging lien for almost $100,000 and thereafter to enter judgment. Petitioner hoped to impose the lien against the arrears proceeds plaintiff won. The trial court at first imposed the charging lien, but eventually denied the entry of the final charging lien and entry of judgment against the plaintiff. Plaintiff in the underlying matter disputed the fee application, claiming that the fees did not reflect the services rendered. The trial court awarded fees in the amount of $50,000 to the law firm.
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