Q: I am currently at court with my husband for a divorce case. during the course of discovery process, my husband’ Lawyer’s office ” made clerical errors”(this is based on what they said”), and was unable to present a lot of documents listed on the discovery noted. At that time, my lawyer and I did not know there was errors on their side, so we spent a lot of time asking for documents from my husband’s lawyer, sending out subponeas trying to get the documents, then my husband’s lawyer said there was clerical errors and documents were found somewhere and they sent some more documents to my lawyer, Now my lawyer’s office has to work on the documents sent one more time…. A lot of legal fees incurred to my lawyer’s work on this whole matter,and I am billed. How do I get my husband’s lawyer to reimbusement for legal fees incurred working on getting the document due to their error and for trying to get their firm to reimbursement me? My lawyer asked for it but the other lawyer is totally ignoring my lawyer’s request. Please advise? Thank you so much!
A: David’s Answer: Your lawyer would need to file a motion for counsel fees. The motion can be justified on either a disparity of incomes (assuming you’re the less-monied spouse) and/or disclosure violations/obstruction. For a 2d opinion, call a Westchester Divorce attorney to schedule a consult for a full assessment.