New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.25 - Claims or actions for personal injuries, property damage, wrongful death, loss of services resulting from personal injuries 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 injuries or for property damages
						  or for death or loss of services resulting from personal injuries, 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 addressed
						  to: Office of Court Administration-Statements, P.O. Box 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
							 _______________________________________
TO THE OFFICE OF COURT ADMINISTRATION
________________________________________________________
							 )
For office use:
_____________________________________________________
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)
_____________________________________________________
(Attorney Name)
_____________________________________________________
(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.