Legal Question in Appeals and Writs in New York

Re: Responsibility of Cost of Appeal

Normally, the attorney would lay out the expenses and charge it as an expense at the end of the base. However, it really depends on what is in your retainer agreement with your attorney. If you have any questions, please feel free to call. 212-622-7180.

Re: Responsibility of Cost of Appeal

By "costs," I assume you are referring to such expenses as filing fees and the fees charged by an appellate printer. If your attorney has been advancing the costs (such as filing fees, etc.) incurred while the case was at the trial-level stage, then he likely will continue to do so at the appellate level. However, this depends on exactly what it says in the retainer agreement.

Furthermore, if you are also referring to attorneys fees incurred in bringing the appeal, you should note that your attorney may not be obligated under the retainer agreement to prosecute an appeal on your behalf. In that case, he would be entitled to ask for additional fees to work on the appeal (e.g., if he was working previously on a contingency basis, and he agrees to do the appeal even though it is not covered by the retainer agreement, he could ask to be paid on an hourly basis to prosecute the appeal). Again, it depends on what is in the retainer agreement.