What’s the Difference between You Guys and an Online Service?

//What’s the Difference between You Guys and an Online Service?

What’s the Difference between You Guys and an Online Service?

What’s the Difference Between You Guys and an Online Service? by Deborah E. KaminetzkyRecently, we had a former divorce client call us with happy news! She is getting married! Both parties have children from their former relationships, professional practices and assets that they would like to go to their respective children when they pass away. Understandably, our former client was a bit concerned about what might happen should the second marriage not work out. Having experienced a divorce before, she wanted to go into this one with her eyes wide open and wanted a prenuptial agreement that would cover all the bases.

We explained what we would require to either draft and then negotiate a prenuptial agreement or to review an agreement prepared by the other side. She then told us that her fiancée was going to have the agreement drafted, and she wanted us to review it and discuss with her whether to sign “as is” or to ask for some changes.

About a month later she sent us the agreement. This agreement was unlike any we had seen before; in fact, it did not seem to have been drafted by a New York practitioner familiar with matrimonial and estate laws of New York. I pointed this out to her and explained that, in one or two instances, I had no doubt that certain clauses would not be upheld by the court in New York as being void against public policy.

She then told me that her fiancée had drafted the document with the help of a legal services company online. The fiancée believed that the company had an attorney admitted in New York draft the template agreement. While it is entirely possible that such an attorney may have drafted the document that they purchased, it was clear to me that the attorney did not have the years of experience, drafting and litigating these types of contracts that we do. In addition it was also clear that whoever drafted the document had not kept up with legal trends in New York, such as new legislation and recent caselaw.

When you are purchasing legal services, you are buying protection and peace of mind. The problem I see with these types of documents is that they may give the consumer a false sense of protection.

Deborah E. Kaminetzky


Deborah E. Kaminetzky, Esq.
Kaminetzky Law & Mediation, P.C.
132 Spruce Street
Cedarhurst, New York 11516
Phone: 516.374.0074

By | 2018-10-15T15:52:05+00:00 October 19th, 2017|Divorce Law|Comments Off on What’s the Difference between You Guys and an Online Service?

About the Author:

Deborah E. Kaminetzky
Deborah E. Kaminetzky is the founder of Kaminetzky Law & Mediation, P.C. located in Long Beach, New York. Prior to starting the firm Deborah worked at a Long Island firm where she learned the practice of Matrimonial and Family law and Estate Planning. Deborah has also worked at the New York City Department of Consumer Affairs where she was responsible for prosecuting unlicensed home improvement contractors and negotiating settlements for consumers. Prior to practicing law, Ms. Kaminetzky was the president of a commercial property management corporation in the New York Metro area. Ms. Kaminetzky is a member of the National Association of Divorce Professionals, New York State Council on Divorce Mediation, Family and Divorce Mediation Council of Greater New York, New York State Bar Association (Business Law, Estate, Family Law, ADR and General Practice Sections), Nassau County Bar Association (where she serves as Chair of the General, Solo and Practice Management Committee and The Nassau County Women’s Bar Association. Ms. Kaminetzky was appointed to the Committee on Law Practice Management of the New York State Bar Association in 2015 and has been a frequent speaker and author of articles for their journal. Ms. Kaminetzky serves on the Board of Directors of the Yashar Attorney and Judges Chapter of Hadassah as a their Treasurer, and was their Woman of the Year 2012 and Leadership award honoree in 2019. Deborah graduated from New York Law School in 1991 and the University of Michigan, Ann Arbor in 1986. Ms. Kaminetzky was admitted to the First Department in 1991 and the United States Supreme Court Bar in February of 2015. Deborah is on the Matrimonial fee dispute arbitration panel for Nassau County. She expanded her alternative dispute resolution practice by completing a Mediation certificate program in December of 2013, an advanced Mediation certificate program in 2015 and most recently a Divorce Mediation certificate in early 2016 from The New York Peace Institute. Ms. Kaminetzky has spoken to various groups on topics including matrimonial law, technology and social media use, and disaster preparedness for business including cybersecurity.