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 1400.3 - Written retainer agreement

Current through Register Vol. 46, No. 28,
					 July 10, 2024
An attorney who undertakes to represent a
						party and enters into an arrangement for, charges or collects any fee from a
						client shall execute a written agreement with the client setting forth in plain
						language the terms of compensation and the nature of services to be rendered.
						The agreement, and any amendment thereto, shall be signed by both client and
						attorney, and, in actions in Supreme Court, a copy of the signed agreement
						shall be filed with the court with the statement of net worth. Where
						substitution of counsel occurs after the filing of the net worth statement, a
						signed copy of the attorney's retainer agreement shall be filed with the court
						within 10 days of its execution. A copy of a signed amendment shall be filed
						within 15 days of signing. A duplicate copy of the filed agreement and any
						amendment shall be provided to the client. The agreement shall be subject to
						the provisions governing confidentiality contained in Domestic Relations Law,
						section 235(1). The agreement shall contain the following information:
RETAINER AGREEMENT
1. Names and addresses of the
					 parties entering into the agreement;
2. Nature of the services to be
					 rendered;
3. Amount
					 of the advance retainer, if any, and what it is intended to cover;
4. Circumstances under which
					 any portion of the advance retainer may be refunded. Should the attorney
					 withdraw from the case or be discharged prior to the depletion of the advance
					 retainer, the written retainer agreement shall provide how the attorney's fees
					 and expenses are to be determined, and the remainder of the advance retainer
					 shall be refunded to the client;
5. Client's right to cancel the
					 agreement at any time; how the attorney's fee will be determined and paid
					 should the client discharge the attorney at any time during the course of the
					 representation;
6.
					 How the attorney will be paid through the conclusion of the case after the
					 retainer is depleted; whether the client may be asked to pay another lump
					 sum;
7. Hourly rate
					 of each person whose time may be charged to the client; any out-of-pocket
					 disbursements for which the client will be required to reimburse the attorney.
					 Any changes in such rates or fees shall be incorporated into a written
					 agreement constituting an amendment to the original agreement, which must be
					 signed by the client before it may take effect;
8. Any clause providing for a
					 fee in addition to the agreed- upon rate, such as a reasonable minimum fee
					 clause, must be defined in plain language and set forth the circumstances under
					 which such fee may be incurred and how it will be calculated.
9. Frequency of itemized
					 billing, which shall be at least every 60 days; the client may not be charged
					 for time spent in discussion of the bills received;
10. Client's right to be
					 provided with copies of correspondence and documents relating to the case, and
					 to be kept apprised of the status of the case;
11. Whether and under what
					 circumstances the attorney might seek a security interest from the client,
					 which can be obtained only upon court approval and on notice to the
					 adversary;
12. Under
					 what circumstances the attorney might seek to withdraw from the case for
					 nonpayment of fees, and the attorney's right to seek a charging lien from the
					 court.
13. Should a
					 dispute arise concerning the attorney's fee, the client may seek arbitration;
					 the attorney shall provide information concerning fee arbitration in the event
					 of such dispute or upon the client's request.