Legal Question in Wills and Trusts in New York

laywer fee rights

A lawyer in NY has agreed to represent myself and my sister in a legal dispute without first taking a retainer from us. In our few conversations so far, he has ranged from saying he is willing to do the case pro bono, to saying ''you don't owe me anything yet, we'll see what we get first,'' to now wanting to send us an invoice with monthly charges and we can ''pay him what we can'', however he said that if we do not get any settlement from his efforts he is not going to press us for compensation. He has put serious work into our case so far, but my question is: Is there any way we are legally obligated to pay him for these bills he writes up if we have not signed any agreements to pay him?


Asked on 5/01/06, 4:14 pm

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: laywer fee rights

In New York a contingent fee in a litigated accident case must be in writing.

If the fee is expected to exceed $5,000 the arrangement must be in writing and if not the lawyer generally will not be able to collect the fee.

Get the arrangement in writing if you want to know where you stand.

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Answered on 5/01/06, 4:32 pm
Russell Golowin Golowin Legal, LLC

Re: laywer fee rights

I can't speak on NY law, but I would suggest explaining to the attorney that you are uncomfortable and worried with how the fee is being handled to this point and insist on getting some sort of agreement in writing before you proceed further.

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Answered on 5/01/06, 4:52 pm


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