Legal Question in Legal Ethics in New York

Contingency Fee

For a precise answer it is suggested that you contact the State Bar Association for the State of New York to determine exactly what are the obligations of counsel regarding the former law firm. Contingency fee contracts are generally regulated in the state in which the contract is confected. These requirements may vary from state to state. For example, in Louisiana the maximum contingency fee is 50% which was established in a case by the La. Supreme Court in a similar situation. Florida regulates fees through its Bar Association which is an arm of the Florida Supreme Court and has a specific scheme laid out as well as other requirements such as the contract must be written and the client must be provided with a written statement of client's rights. Generally, quantum meruit which might involve a lodestar calculation of fees is used. How much time was used, how difficult was the case, how difficult and complex were the legal issues, were any expenses incurred on behalf of the client. Did the actual contract call for "charging" liens which emerged from English common law. Since it is state specific, it is suggested you contact a member of the New York Bar and/or the New York Bar. Some Bar associations will give its members advance advisory opinions while others do not. Therefore, one should check with the Bar to see if an advisory opinion can be obtained.