New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1400 - Procedure For Attorneys In Domestic Relations Matters › Section 1400.2 - Statement of client's rights and responsibilities

Current through
					 Register Vol. 46, No. 28, July 10, 2024
An attorney shall provide a prospective client with a
						statement of client's rights and responsibilities in a form prescribed by the
						Appellate Divisions, at the initial conference and prior to the signing of a
						written retainer agreement. If the attorney is not being paid a fee from the
						client for the work to be performed on the particular case, the attorney may
						delete from the statement those provisions dealing with fees. The attorney
						shall obtain a signed acknowledgement of receipt from the client. The statement
						shall contain the following:
STATEMENT OF CLIENT'S RIGHTS AND RESPONSIBILITIES
An attorney is providing you with this document to inform
						you of what you, as a client, are entitled to by law or by custom. To help
						prevent any misunderstanding between you and the attorney, please read this
						document carefully.
If you ever have any questions about these rights, or
						about the way your case is being handled once you retain the attorney, you are
						responsible to ask your attorney. Your attorney should be readily available to
						represent your best interests and to keep you informed about your case.
An attorney may not refuse to represent you on the basis
						of race, creed, color, sex, sexual orientation, age, national origin or
						disability.
You are entitled to an attorney who will be capable of
						handling your case; show you courtesy and consideration at all times; represent
						you zealously; and preserve your confidences and secrets that you reveal in the
						course of the relationship, to the extent permitted by law. You are responsible
						to communicate honestly, civilly and respectfully with your attorney.
If you are hiring an attorney you and your attorney are
						required to sign a written retainer agreement which must set forth, in plain
						language, the nature of the relationship and the details of the fee
						arrangement. Before you sign the retainer agreement, you are responsible to
						read it and ask the attorney any questions you have before you sign it. At your
						request, and before you sign the agreement, you are entitled to have your
						attorney clarify in writing any of its terms, or include additional
						provisions.
You are entitled to fully understand the proposed rates
						and retainer fee before you sign a retainer agreement, as in any other
						contract. The retainer fee you pay to your attorney, as is written in the
						retainer agreement, may not be enough money to pay for all the time that the
						attorney works on your case.
You may refuse to enter into any fee arrangement that you
						find unsatisfactory.
An attorney may not request a fee that is contingent on
						the securing of a divorce or on the amount of money or property that may be
						obtained.
An attorney may not request a retainer fee that is
						non-refundable. That is, should you discharge the attorney, or should the
						attorney withdraw from the case with court permission, before the retainer has
						been used up, the attorney is entitled to be paid commensurate with the work
						performed on your case and any expenses. The attorney must return to you any
						balance of the retainer that has not been used. However, the attorney may enter
						into a minimum fee arrangement with you that provides for the payment of a
						specific amount below which the fee will not fall based upon the attorney's
						handling of the case to its conclusion.
You are entitled to know the approximate number of
						attorneys and other legal staff members who will be working on your case at any
						given time and what you will be charged for the services of each.
You are entitled to know in advance how you will be asked
						to pay legal fees and expenses, and how the retainer, if any, will be
						spent.
You may be responsible at the beginning of the case or
						before or after the trial to contribute to or pay the other party's attorney's
						fees and other costs if the court has ordered you to do so.
The other party may be responsible to contribute to or to
						pay your attorney's fees, if the court orders the other party to do so.
						However, if the other party fails to pay the court ordered fee, you are still
						responsible for the fees owed to your attorney and experts in your case.
You are required to pay for court filing fees, process
						servers as well as fees for expert reports, testimony, depositions and/or trial
						testimony and you may seek reimbursement from the other party.
If you engage in conduct which is found to be frivolous
						or meant to intentionally delay the case you could be fined or sanctioned
						and/or responsible for additional fees.
At your request, and after your attorney has had a
						reasonable opportunity to investigate your case, you are entitled to be given
						an estimate of approximate future costs of your case. That estimate shall be
						made in good faith but may be subject to change due to facts and circumstances
						that develop during your case. There are no guarantees that the cost of your
						case will be as originally estimated.
You are entitled to receive a written, itemized bill on a
						regular basis, at least every 60 days.
You are expected to review the itemized bills sent to you
						by your attorney, and to raise any objections or errors in a timely manner in
						writing. Time spent in discussion or explanation of bills will not be charged
						to you.
You are responsible to be honest and truthful in all
						discussions with your attorney, and to provide all relevant information and
						documentation to enable her or him to competently prepare your case. Attorneys
						and clients must make reasonable efforts to maintain open communication during
						business hours throughout the representation. An attorney may seek to be
						relieved as your attorney if you are not honest and truthful with her or
						him.
You are entitled to be kept informed of the status of
						your case, and to be provided with copies of correspondence and documents
						prepared on your behalf or received from the court or your adversary.
Your attorney is required to discuss the following with
						you:
a) the automatic orders that are
					 in effect once either party files a summons with notice;
b) the law that provides for the financial
					 support of the children, the Child Support Standards Act, if you and the other
					 party have children under the age of twenty-one; and
c) the law that provides for the financial
					 support of the parties, the Maintenance Guidelines Statute.
You are responsible to be present and on time in court at
						the time that conferences, oral arguments, hearings and trials are conducted
						unless excused by the Judge or the part rules of the assigned Judge.
You are entitled to make the ultimate decision on the
						objectives to be pursued in your case, and to make the final decision regarding
						the settlement of your case. Your attorney has the right to send you written
						communications if your attorney disagrees with how you want your case
						handled.
Your attorney's written retainer agreement must specify
						under what circumstances he or she might seek to withdraw as your attorney for
						nonpayment of legal fees. If an action or proceeding is pending, the court may
						give your attorney a "charging lien," which entitles your attorney to payment
						for services already rendered at the end of the case out of the proceeds of the
						final order or judgment. In some cases your attorney may exercise a "retaining
						lien" which, subject to court proceedings, may allow them to keep your file as
						security.
You are under no legal obligation to sign a confession of
						judgment or promissory note, or to agree to a lien or mortgage on your home to
						pay for legal fees. Your attorney's written retainer agreement must specify
						whether, and under what circumstances, such security may be requested. In no
						event may such security interest be obtained by your attorney without prior
						court approval and notice to your adversary. An attorney's security interest in
						the marital residence cannot be foreclosed against you.
You are entitled to have your attorney's best efforts
						exerted on your behalf, but no particular results can be guaranteed.
If you entrust money with an attorney for an escrow
						deposit in your case, the attorney must safeguard the escrow in a special bank
						account. You are entitled to a written escrow agreement, a written receipt, and
						a complete record concerning the escrow. When the terms of the escrow agreement
						have been performed, the attorney must promptly make payment of the escrow to
						all persons who are entitled to it.
Once your Judgment of Divorce is signed, if you are
						re-retaining an attorney you must sign a new retainer agreement.
If you are expecting your attorney to prepare and file
						documents related to the transfer of a house, co-op or lease, that must be
						specified in the retainer agreement. The signing of an agreement or court order
						that transfers title does not transfer a co-op apartment or a house. A separate
						document must be prepared and filed.
In the event of a fee dispute, you may have the right to
						seek arbitration pursuant to Part 137 of the Rules of the Chief Administrative
						Judge where the dispute involves a sum of more than $1,000.00 or less than
						$50,000.00 unless you agree otherwise. Your attorney will provide you with the
						necessary information regarding arbitration in the event of a fee dispute, or
						upon your request.
Receipt Acknowledged:
_________ Attorney's signature
_________ Client's signature
_________ Date
						.....................................................................
STATEMENT OF CLIENT'S RIGHTS AND RESPONSIBILITIES (To be
						used only when representation is without fee)
An attorney is providing you with this document to inform
						you of what you, as a client, are entitled to by law or by custom. To help
						prevent any misunderstanding between you and the attorney, please read this
						document carefully.
If you ever have any questions about these rights, or
						about the way your case is being handled once you retain the attorney, you are
						responsible to ask your attorney. Your attorney should be readily available to
						represent your best interests and to keep you informed about your case.
An attorney may not refuse to represent you on the basis
						of race, creed, color, sex, sexual orientation, age, national origin or
						disability.
You are entitled to an attorney who will be capable of
						handling your case; show you courtesy and consideration at all times; represent
						you zealously; and preserve your confidences and secrets that you reveal in the
						course of the relationship to the extent permitted by law. You are responsible
						to communicate honestly, civilly and respectfully with your attorney.
Even though you are being represented by an attorney
						without fee, you may be responsible at the beginning of the case or before or
						after the trial to contribute to or pay the other party's attorney's fees and
						other costs if the Court has ordered you to do so.
Even though you are being represented by an attorney
						without fee, the other party may be responsible to contribute to or to pay your
						attorney's or expert fees in your case, if the Court orders the other party to
						do so.
You may be required to pay for court filing fees, process
						servers as well as fees for expert reports, testimony, depositions and/or trial
						testimony and you may seek reimbursement from the other party. The attorney
						will discuss this with you.
If you engage in conduct which is found to be frivolous
						or meant to intentionally delay the case you could be fined or sanctioned
						and/or responsible for additional fees.
You are responsible to be honest and truthful in all
						discussions with your attorney, and to provide all relevant information and
						documentation to enable her or him to competently prepare your case. Attorneys
						and clients must make reasonable efforts to maintain open communication during
						business hours throughout the representation. An attorney may seek to be
						relieved as your attorney if you are not honest and truthful with her or
						him.
You are entitled to be kept informed of the status of
						your case, and to be provided with copies of correspondence and documents
						prepared on your behalf or received from the court or your adversary.
Your attorney is required to discuss the following with
						you:
a) the automatic orders
					 that are in effect once either party files a summons with notice;
b) the law that provides for the financial
					 support of the children, the Child Support Standards Act, if you and the other
					 party have children under the age of twenty-one; and
c)  the law that provides for the financial
					 support of the parties, the Maintenance Guidelines Statute.
You are responsible to be present and on time in court
						at the time that conferences, oral arguments, hearings and trials are conducted
						unless excused by the Judge or the part rules of the assigned Judge.
You are entitled to make the ultimate decision on the
						objectives to be pursued in your case, and to make the final decision regarding
						the settlement of your case. Your attorney has the right to send you written
						communications if your attorney disagrees with how you want your case
						handled.
You are entitled to have your attorney's best efforts
						exerted on your behalf, but no particular results can be guaranteed.
If you entrust money with an attorney for an escrow
						deposit in your case, the attorney must safeguard the escrow in a special bank
						account. You are entitled to a written escrow agreement, a written receipt, and
						a complete record concerning the escrow. When the terms of the escrow agreement
						have been performed, the attorney must promptly make payment of the escrow to
						all persons who are entitled to it.
If you are expecting your attorney to prepare and file
						documents related to the transfer of a house, co-op or lease, you may have to
						make arrangements with another attorney to do so, and if the attorney charges
						you a fee, you must sign a retainer agreement with the other attorney. The
						signing of an agreement or Court order that transfers title does not transfer a
						co-op apartment or a house. A separate document must be prepared and
						filed.
Receipt Acknowledged:
_________Attorney's signature
_________Client's signature
_________ Date
						............................................................