Attorney Retainer Agreement New York

Section 1215.2 exempts a lawyer from the presentation of a mandate letter in three categories of matters: (1) The lawyer expects to collect less than $3,000 in taxes; (2) the lawyer`s services are “of the same general type” as those previously received and paid for by the same client; or (3) the matter falls within the scope of internal relations under Part 1400 of the Common Rules of the Appeal Division (22 NYCRR). In addition, Article 1215.1 (c) (which should have been added more logically to Article 1215.2) contains a fourth exception: (a) As of March 4, 1, 2002, a lawyer who undertakes to represent a client and enter into an agreement for a client must collect a tax from a client who sends him a written order letter before the commencement of the representation, or within a reasonable time after , (i) where this is not otherwise practicable or (ii) where the extent of the services to be provided cannot be determined at the time of the commencement of the performance. “client” means any natural or legal person responsible for the payment of attorneys` fees. In the event of a substantial change in the amount of the services or fees to be received, an updated order letter must be made available to the customer. The retainer agreement should accurately and specifically reflect the work done for the client. While it sounds simple, you could create confusion or discord with customers who expect to do work you didn`t expect or who didn`t understand that you would charge the customer for certain tasks. For example, a re-entry agreement for a real estate contract may seem simple, but what will happen if the first agreement fails? How many contracts are you willing to negotiate for the indicated fee? Be as specific as possible. Who? Who is covered by the new rule? The rule applies to any lawyer who “undertakes to represent a client and enter into an agreement for a client, to pay or collect a tax from a client… (Highlighted only here.) Therefore, any representation that is represented on or after March 4, 2002 and in which a lawyer collects “any” tax, the requirements of the rule, with some exceptions. If the customer counts additional services that are not covered by the original order contract, document both the additional services and the fees and get the customer`s agreement….

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