Prior to signing a retainer, a lawyer must give every matrimonial client a written statement of the Client's Rights and Responsibilities. Representation requires a written retainer which must ultimately be filed with and reviewed by the Court. There are no non-refundable retainers in matrimonial proceedings. However, minimum fees are permissible if they meet certain standards. Every sworn statement must be certified as truthful by the attorney.
Most lawyers require clients to verify that the client has provided truthful information.
If you tell your lawyer anything which will be contradicted by sworn statements in your case, the lawyer cannot certify anything which the attorney knows to be untruthful. Fee disputes are now subject to binding arbitration if the client initially determines to seek arbitration. These conferences will be scheduled shortly after the first legal papers are served. These and other changes in the way contested matrimonial matters are handled should make the process more effective for everyone. This pamphlet, which is based on New York law, is intended to inform, not to advise.