Legal Question in Civil Litigation in New York

Retainer fees

Had verbal agreement with attorney for a cap on fees for

civil action. Never received written retainer agreement. Firm merged with another firm, still did not receive retainer agreement. Fees way over verbally agreed figure.

Original contact lawyer retired no proof of verbal agreement. Is a retainer required in a civil case in New York State? Cannot dispute through arbitration process because case started in 1999. I also feel that the case was

deliberately drawn out to collect more fees. This is based

on judges final decision of dismissal. What recourse do I have( Do I have to continue to pay them?)


Asked on 5/22/06, 2:49 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Retainer fees

An interesting series of questions.

You must have a written retainer agreement if the fees are in excess of 3,000. The fees are still collectable if over that amount, but are subject to review.

This may be the loophole you need to get arbitration.

Read more
Answered on 5/23/06, 4:36 pm


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