Premium fees.

Practice point: An attorney's premium fee is enforceable if the retainer agreement satisfies the plain language and specificity requirements of 22 NYCRR 1400.3(8). The client must be advised beforehand as to how such a fee will be calculated, e.g., as a flat amount, a fixed percentage or a reasonable percentage of the total hourly charges incurred.

Case: Sheresky Aronson & Mayefsky, LLP v.Whitmore, NY Slip Op 06175 (1st Dept. 2008)

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