Legal Question in Legal Ethics in New York

No Retainer Agreement Signed

I never signed nor was provided with an Retainer Agreement for a Criminal Case. Now the case is over and the Attorney will not provide a detail bill and a break down of charges. Am I obligated to pay even though there is no retainer Agreement?


Asked on 6/10/03, 10:49 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: No Retainer Agreement Signed

Even if there was no retainer agreement, the attorney may be legally entitled to the fee. I would suggest demanding arbitration pursuant to 22 NYCRR 137.6. The attorney must arbitrate pursuant to 22 NYCRR 137.2(a). This section states:

Section 137.2 General.

(a) In the event of a fee dispute between attorney and client, whether or not the attorney already has received some or all of the fee in dispute, the client may seek to resolve the dispute by arbitration under this Part. Arbitration under this Part shall be mandatory for an attorney if requested by a client, and the arbitration award shall be final and binding unless de novo review is sought as provided in section 137.8 of this Part.

I would suggest contacting your local bar association to arrange arbitration. At the arbitration the attorney would have the responsibility of justifying his fee before the arbitration board.

Mike.

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Answered on 6/11/03, 8:36 am


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