I have it very slightly different in my barbri outline: "A lawyer may obtain a security interest to secure his fee [in a domestic relations matter] only if: (i) retainer agreement provides that security interest may be sought, (ii) notice of an application for a security interest has been given to the other spouse; and (iii) the court grants approval for the security interest."fslexcduck wrote:well FWIW, it's explicitly in the outline I have, and the rule is that informed consent of both parties + court approval in order to take security interest in marital property in a marital action. If it's on a house, it should be noted in the title. Has priority over anything that it obviously has priority over. BOOM there you have it, ESSAY ANSWERED.cooperlaserpup wrote:WORLDSTAR wrote:
I could definitely see NY going above & beyond by writing a hypo concerning a divorce action where the attorney took a security interest in marital property to secure his fee... that's family law, professional responsibility, and secured transactions all in one hypo
I kind of doubt it. I've now read over 200 practice essays, about half of them essays from past administrations, and I've never seen that sort of cross over. In my opinion the essays are detailed and comprehensive, but always straightforward. They don't seem to try and "trick" you, and the scenario you posited would definitely be pretty tricky.
BRING ON MORE HYPOS, I'M A COUPLE BEERS IN AND I'M NOT SCARED OF SHIT
Is the difference that you need both spouses consent if it specifically in marital prop? That would make sense.