New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 691 - Conduct Of Attorneys › Section 691.20 - Claims or actions for personal injury, property damage, wrongful death, loss of services resulting from personal injuries, due to negligence or any type of malpractice, and claims in connection with condemnation or change of grade proceedings

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) Statements as to retainers; blank
						  retainers.
(1) Every attorney
						  who, in connection with any action or claim for damages for personal injury or
						  for property damages, or for death or loss of services resulting from personal
						  injuries, due to negligence or any type of malpractice or in connection with
						  any claim in condemnation or change of grade proceedings, accepts a retainer or
						  enters into an agreement, express or implied, for compensation for services
						  rendered or to be rendered in such action, claim or proceeding, whereby his
						  compensation is to be dependent or contingent in whole or in part upon the
						  successful prosecution or settlement thereof, shall, within 30 days from the
						  date of any such retainer or agreement of compensation, sign personally and
						  file with the Office of Court Administration of the State of New York a written
						  statement of such retainer or agreement of compensation, containing the
						  information hereinafter set forth. Such statement may be filed personally by
						  the attorney or his representative at the main office of the Office of Court
						  Administration in the City of New York, and upon such filing he shall receive a
						  date-stamped receipt containing the code number assigned to the original so
						  filed. Such statement may also be filed by ordinary mail only addressed to:
Office of Court
							 Administration--Statements
Post Office Box No. 2016
New York, NY 10008
Statements filed by mail must be
							 accompanied by a self-addressed stamped postal card, containing the words
							 "Retainer Statement", the date of the retainer and the name of the client. The
							 Office of Court Administration will date-stamp the postal card, make notation
							 thereon of the code number assigned to the retainer statement and return such
							 card to the attorney as a receipt for the filing of such statement. It shall be
							 the duty of the attorney to make due inquiry if such receipt is not returned to
							 him within 10 days after his mailing of the retainer statement to the Office of
							 Court Administration.
(2) A statement of retainer must be
						  filed in connection with each action, claim or proceeding for which the
						  attorney has been retained. Such statement shall be on one side of paper 81/2
						  inches by 11 inches and be in the following form and contain the following
						  information:
Retainer Statement For office
							 use:
TO THE OFFICE OF COURT
							 ADMINISTRATION
OF THE STATE OF NEW YORK
1. Date of agreement as to
						  retainer............
2. Terms of
						  compensation............
3. Name and home address of
						  client............
............
4. If engaged by an attorney,
						  name and office address of retaining attorney............
............
5. If claim for personal
						  injuries, wrongful death or property damage, date and place of
						  occurrence............
............
............
6. If a condemnation or change
						  of grade proceeding:
(a) Title
						  and description............
............
(b) Date proceeding was
						  commenced............
(c) Number or other designation of the
						  parcels affected............
............
............
7. Name, address,
						  occupation and relationship of person referring the client............
............
............
Dated:________, NY,________day
							 of________, 20________
Yours, etc.
________
Signature of Attorney
________
Print Attorney's Name or
							 ________
Type Office and P.O. Address
________ Dist. ________ Dept.
							 ________County
NOTE: CPLR 2104 and 3217 REQUIRE THAT
							 THE ATTORNEY FOR THE DEFENDANT FILE A STIPULATION OR STATEMENT OF
							 DISCONTINUANCE WITH THE COURT UPON DISCONTINUANCE OF AN
							 ACTION.
(3) An attorney retained by another
						  attorney, on a contingent fee basis, as trial or appeal counsel or to assist in
						  the preparation, investigation, adjustment or settlement of any such action,
						  claim or proceeding shall, within 15 days from the date of such retainer, sign
						  personally and file with the Office of Court Administration a written statement
						  of such retainer in the manner and form as above set forth, which statement
						  shall also contain particulars as to the fee arrangement, the type of services
						  to be rendered in the matter, the code number assigned to the statement of
						  retainer filed by the retaining attorney and the date when said statement of
						  retainer was filed.
(4) No attorney shall accept or act
						  under any written retainer or agreement of compensation in which the name of
						  the attorney was left blank at the time of its execution by the
						  client.