Legal Question in Consumer Law in New York

$10,000 fee for juvenile graffitti case

I went to a lawyer to represent my 14 year old in a case re: grafitti. He never mentioned the fee, then I received a flat rate bill for $10,000. He came to court 2 times, and saw us in his office 2 times. I never signed any fee contract, nor were fees ever mentioned. I was under the impression that my husbands boss was paying for it because he told my husband, ''You can use my lawyer'', so when the lawyer never brought up the fees with me I assumed that they were being paid by his boss, otherwise I thought the lawyer would have had be sign a fee contract. Had he told me it was $10,000 I would never have hired him. Do I have any legal recourse in this matter?


Asked on 2/17/07, 3:42 pm

1 Answer from Attorneys
Lawrence Silverman Law Firm of Lawrence Silverman

Re: $10,000 fee for juvenile graffitti case

A retainer agreement or "letter of engagement" signed by the client is required by New York state law for attorney fees amounting to greater than $3,000. The applicable section of the law is referenced by 22 NYCRR Part 1215. Since you never signed any such agreement the attorney should be unable to enforce or collect the legal fee of $10,000 demanded.

Note that in civil, non-criminal cases, 22 NYCRR Part 137 requires that legal fee disputes be resolved by arbitration and the procedures are detailed therein; however, this does not apply to attorney-client fee disputes in criminal matters although the fee contract as you refer to it, the retainer agreement, can voluntarily provide that any fee disputes will be resolved by arbitration between the lawyer and the client.

Otherwise,a laweyer/client fee dispute may ultimately be resolved by lawsuit.

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Answered on 2/20/07, 11:57 pm


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