Legal Question in Real Estate Law in New York
attorney rights
Can an attorney who is representing a client in order to retrieve money being held in escrow--deposit the escrow into his own account and then take an additional fee(besides the previously agreed upon retainer fee)-all without the client's knowledge?
2 Answers from Attorneys
Re: attorney rights
An attorney can take a fee to represent the client in or to retrieve money being held in escrow. And, the attorney may take a small fee to handle the escrow (since it is outside the litigation). However, an attorney may not take a fee without the client's knowledge.
Mike.
Re: attorney rights
no. An escrow account is bound by certain rules and regulations. This account is neither your account nor the attorneys account, and should not be disturbed without both people consenting to it.
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