Legal Question in Business Law in New York

Your retainer agreement with that lawyer might provide for a different mechanism. If there is no mechanism in your retainer agreement, the NY attorney rules may require mediation of the disagreement before a lawsuit could be commenced (it would depend on the dollar amount involved etc.).

Yes, a contract with an attorney operates the same as a contract with any other type of business. There are rules that an attorney must follow before charging a fee though. Under Rule 1.5 of the New York Rules of Professional Conduct (http://www.nysba.org/Content/NavigationMenu/ForAttorneys/ProfessionalStandardsforAttorneys/NYRulesofProfessionalConduct4109.pdf), there should have been a signed engagement agreement explaining his fees to you, if the agreement was for a contingency fee or your matter dealt with domestic relations there are several forbidden types of fees, and if there is a fee dispute the lawyer must attempt to resolve the matter without suing first but instead seek out arbitration.