In Maher v. Maher (47 Misc 3d 228, 999 NYS2d 727 [Sup Ct, Rockland County 2014]) the parties, acting through counsel, settled their divorce action and all ancillary issues and submitted a copy of the written stipulation of settlement to the court. The stipulation recited that "[t]he Wife has been represented by [her counsel] in connection with the negotiation, drafting and execution of this Agreement, and the Husband has been represented in connection with the negotiation, drafting and execution of this Agreement by [his counsel]." (Id. at 229.) The stipulation stated explicitly that "[e]ach party is responsible for their own attorneys' fees." (Id.) Following the parties' execution of the stipulation of settlement, the wife discharged her counsel without cause. The wife's counsel then filed an application against the husband to recover counsel fees incurred by the wife in the divorce action Counsel contended that the court could consider his fee application because it had not yet signed the judgment of divorce. The court in Maher stated that "the law is clear that simply because parties agree that they will not seek counsel fees from the other, an attorney is not barred from making an application for fees from the adverse spouse where appropriate." (Maher at 231.) The court then determined that counsel had standing to seek fees from the husband despite the explicit waiver by his former client in the stipulation of settlement, which counsel prepared, of her right to seek counsel fees against her spouse.