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Joint Order Of The Appellate Divisions
The Appellate Divisions
of the Supreme Court, pursuant to the authority invested
in them, do hereby add, effective March 4, 2002, Part 1215
to Title 22 of the Official Compilations of Codes, Rules
and Regulations of the State of New York, entitled "Written
Letter of Engagement," as follows:
Part 1215 Written Letter of Engagement
§1215.1 Requirements
- Effective March 4, 2002, an attorney who undertakes to represent a client
and enters into an arrangement for, charges or collects any fee from a client
shall provide to the client a written letter of engagement before commencing
the representation, or within a reasonable time thereafter (i) if otherwise
impracticable or (ii) if the scope of services to be provided cannot be determined
at the time of the commencement of representation. For purposes of this rule,
where an entity (such as an insurance carrier) engages an attorney to represent
a third party, the term "client" shall mean the entity that engages
the attorney. Where there is a significant change in the scope of services
or the fee to be charged, an updated letter of engagement shall be provided
to the client.
- The letter of engagement shall address the following matters:
- Explanation of
the scope of the legal services to be provided;
- Explanation of
attorney's fees to be charged, expenses and billing practices;
and, where applicable, shall provide that the client
may have a right to arbitrate fee disputes under Part
137 of the Rules of the Chief Administrator.
- Instead of providing the client with a written letter of engagement, an
attorney may comply with the provisions of subdivision (a) by entering
into a signed written retainer agreement with the client, before or within
a reasonable time after commencing the representation, provided that the
agreement addresses the matters set forth in subdivision (b).
§1215.2 Exceptions
This section shall not apply to:
- representation
of a client where the fee to be charged is expected to
be less than $3000,
- representation
where the attorney's services are of the same general
kind as previously rendered to and paid for by the client,
or
- representation
in domestic relations matters subject to Part 1400 of
the Joint Rules of the Appellate Division (22 NYCRR),
or
- representation
where the attorney is admitted to practice in another
jurisdiction and maintains no office in the State of
New York, or where no material portion of the services
are to be rendered in New York.
As amended April 3, 2002
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