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Lee Rosenberg, a partner at Saltzman Chetkof & Rosenberg, writes that certainly if counsel does not substantially comply with the rules as to his own client, and the client then becomes nonobligated for the attorney's fee, the nonobligated client should not be able to recover that fee from his or her spouse as a windfall. That does not seem to be the case, however, in a recent Second Department case and justice does not appear to have been done.
February 22, 2007 at 12:00 AM
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