Legal Question in Legal Ethics in New York
Retainer
My attorney drew up an original retainer where he would be paid 33 and 1/3 per cent for whatever he recovers for me in a will I am contesting. Two years into probate he said that his costs are more than expected and wants to write up a new retainer where he would get 40 per cent of whatever the settlement may be against the estate. Is it customary or ethical for my attorney to do this? Or should I tell him that the original retainer is the deal that should be honored? How should I handle this?
1 Answer from Attorneys
Re: Retainer
Something doesn't sound right. "Costs" as a technical legal term means those out-of-pocket expenses required to advance the litigation, and are paid by the client at the end of the case. They bear no relation to attorney's fees.
If he means he is spending more time than he thought or research is more complicated than he allowed for, then that is a learing device for him.
I would demand an accounting of the "costs" he is referring to, in writing. If you feel a revision of the fee is appropriate based upon his explanation, fine. If you do not, then perhaps you should seek new counsel. In any event I would not be in a hurry to do anything, as what he is suggesting is at least questionable in my mind.
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