Legal Question in Family Law in New York
retainer depleted
upon a retaineer agreement, I paid a fixed amount to my attorney for my divorce but in case my divorce would become contested she would charge on an hourly rate. Because she had to negotiate with my husband attorney regarding the property and the ground she considered my divorce contested and she charged me on a hourly rate without notifying me that to her the divorce was contested and without not even telling me she was charging me per hour. Now as per her saying my retainer has depleted and she says I owe her money. I would like to know wasnt she suppose to tell me she was charging me on a hourly rate and notify me as soon as my retainer depleted instead of telling me now that I owe her money. All along the process she has never given me a detailed description of the fee and now all of a sudden I owe her money. I thought that as long as we dont go to trial my divorce would be uncontested. Is it legal what she s doing now to claim me money when she never told me that she was charging me per hour nor that my retainer depleted? What can I do, I really dont think I have to pay her? I consider that she has deceived me.
2 Answers from Attorneys
Re: retainer depleted
Most retainer agreements specify that fee disputes are subject to arbitration pursuant to Part 137 of the Rules of the Chief Administrator of the Courts. Your lawyer should give you a copy of that part upon request.
If you're not comfortable handling it through your lawyer or with hiring a second attorney, go to the county courthouse and ask for assistance.
Re: retainer depleted
David is correct. You may also contact the Bronx County Bar Association and they will supply you with forms and information for mediation of the legal fee.
Mike.
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