Practice point: In a domestic relations matter, an attorney may not contract for, charge or collect a fee which is contingent on securing a divorce or which in any way is determined by reference to the amount of maintenance, support, equitable distribution or property settlement.
Practitioners should note that, as a matter of public policy, courts give particular scrutiny to attorney-client fee arrangements, and the attorney has the burden to show that the fee agreement is fair, reasonable and fully understood by the client.
Case: Law Off. of Howard M. File, Esq., P.C. v, Ostashko, NY Slip Op 01622 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Assumption of the risk.
