D. Client's Rights, Retainer Agreements & Fees Flashcards
What is required in Statement of Client’s rights?*
Right to competent + courteous representation by Lawyer
Right to be charged reasonable fees + given explanation before/within reasonable time of engagement
Right to be informed at outset computation of fees + manner of billing
Right to be kept informed of matter status + have qs answered promptly
What are Lawyer’s obligations before Client representation in Domestic Relations matters?*
1) Post in office Statement of Client’s rights (Detailed)
2) Give Retainer Agreement (Detailed) to Client either;
- Before Client representation
- Within reasonable time (if impracticable to do so at commencement of action/scope of retainer is NOT yet clear)
3) Client’s signature acknowledging he received Statement of Rights
When is Lawyer NOT required to give Retainer Agreement?*
Expected fee < $3,000
Same services as previously rendered/paid for by Client
Lawyer is admitted to another jurisdiction + NO office in NY
NO material portion of services to be rendered in NY
What is required in Retainer Agreement?*
Scope of legal services
Attorney’s fees
Expenses + Billing practices
Right to arbitrate fee disputes
What are examples of Domestic Relations matters?*
Divorce
Separation
Annulment
Custody
Visitation
Maintenance
Child support
Alimony
What type of fees are Lawyers allowed to engage in relation to domestic relations?*
Minimum fee arrangement
- Providing for payment of specific amount below which the fee will NOT fall based upon handling of the case to its conclusion
NOT contingency fee
NOT non-refundable retainer fee
When are Lawyers allowed to obtain security interest/confession of judgment/promissory note/property lien from Client to secure Lawyer’s fees?*
1) Retainer agreement must provide such payment
2) Court application must be made
3) Notice of Court application must be given to Client’s spouse
4) Court must grant approval
How should Lawyer handle claims related to Infants?*
1) Apply for court approval of settlement of Infant’s claim/cause of action
2) Deposit Infant’s fees in ‘special account’ (separate from Lawyer’s account)
- Payments/Withdrawals from ‘special account’ must be approved pursuant to Court Order
3) Deliver/Send by certified mail the statement of Infant’s fees to Infant’s guardian
When is Lawyer NOT allowed to charge/collect contingent fees?*
Criminal matters
Prohibited fees by law/court rule
Fraudulent billing fees
Non-refundable retainer fees
Domestic relations
- Securing fees upon divorce
- Obtaining custody/visitation
- Determined by reference to maintenance/support/equitable distribution
OTHERWISE contingent fees must be in writing
When is Lawyer allowed to charge reasonable minimum fee?
1) Retainer agreement contains minimum fee clause
2) Clause defines in plain language + circumstances;
- When fee may be incurred
- How fee will be calculated
When is arbitration of fee disputes between Client + Lawyer required?*
1) $1,000 < Fee < $50,000
2) Client requests arbitration
Is determination of arbitral panel final and binding?*
Yes
UNLESS party requests court ‘de novo’ review
When is arbitration of fee disputes between Client + Lawyer NOT required?*
Fee < $1,000
Fee > $50,000
Claim requesting relief
- NOT adjustment of fees
Claims involving substantial legal questions (professional misconduct/malpractice)
Claims where Lawyer’s fees set by statute/rule/court order
Claims where NO services rendered by Lawyer for 2 or more years
Claims where Lawyer NOT admitted to NY + has NO NY office
Claims where NO material service rendered in NY
Claims where arbitration NOT made by Client/Client’s legal rep
