 Randi
L. Karmel, PLLC, 425 Park Avenue, 27th Floor, New York, NY 10022 |
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An
attorney may not refuse to represent you on the basis of race,
creed, color, sex, sexual orientation, age, national origin
or disability.
You are entitled to an attorney capable of handling your case,
who will show you courtesy and consideration at all times, and
will represent you zealously and preserve your confidence and
secrets that are revealed in the course of the relationship.
You are entitled to a written retainer agreement which must
set forth in plain language, the nature of the relationship
and the details of the fee arrangement. At your request, and
before you sign the agreement, you are entitled to have your
attorney clarify in writing any of its terms or include additional
provisions.
You are entitled to fully understand the proposed rates and
retainer fee before you sign a retainer agreement as in any
other contract.
You may refuse to enter into any fee arrangement that you find
unsatisfactory.
You may refuse to enter into any fee arrangement that is contingent
on the securing of a divorce or on the amount of money or property
that may be obtained.
Your attorney may not request a retainer fee that is nonrefundable.
That is, should you discharge your attorney, or should your
attorney withdraw from the case before the retainer is used
up, he or she is entitled to be paid commensurate with the work
performed on your case and any expenses, but must return the
balance of the retainer to you. However, your attorney may enter
into a minimum fee arrangement with you that provides for the
payment of a specific amount below which the fee will not fall
based upon the handling of the case to its conclusion.
You are entitled to know the approximate number of attorneys
and other legal staff members who will be working on your case
at any given time and what you will be charged for the services
of each.
You are entitled to know in advance how you will be asked to
pay legal fees and expenses, and how the retainer, if any, will
be spent. At your request, and after your attorney has had a
reasonable opportunity to investigate your case, you are entitled
to be given an estimate of approximate future costs of your
case, which estimate shall be made in good faith but may be
subject to change due to facts and circumstances affecting the
case.
You are entitled to receive a written itemized bill on a regular
basis, at least every 60 days.
You are expected to review the itemized bills sent by counsel,
and to raise any objections or errors in a timely matter. Time
spent in discussion or explanations of bills will not be charged
to you.
You are expected to be truthful in all discussions with your
attorney and to provide all relevant information and documentation
to enable him or her to competently prepare your case.
You are entitled to be kept informed of the status of your case
and to be provided with copies of correspondence and documents
prepared on your behalf or received from the Court or your adversary.
You have the right to be present in Court at the time that conferences
are held.
You are entitled to make the ultimate decision on the objectives
to be pursued in your case and to make the final decision regarding
the settlement of your case.
Your attorney's written retainer agreement must specify under
what circumstances he or she might seek to withdraw as your
attorney for nonpayment of legal fees. If an action is pending,
the Court may give your attorney a "charging lien"
which entitles your attorney to payment for services already
rendered at the end of the case out of the proceeds of your
judgment.
You are under no legal obligation to sign a confession of judgment
or promissory note, or to agree to a lien or mortgage on your
home to cover legal fees. Your attorneys written retainer agreement
must specify whether and under what circumstances such security
may be requested. In no event may such security interest be
obtained by your attorney without prior Court approval and notice
to your adversary. An attorney's security interest in the marital
residence cannot be foreclosed against you.
You are entitled to have your attorney's best efforts exerted
on your behalf, but no particular results can be guaranteed.
If you entrust money with an attorney for an escrow deposit
in your case, the attorney must safeguard the escrow in a special
bank account. You are entitled to a written escrow agreement,
and may request that one or more interest-bearing bank accounts
be used. You are also entitled to a written receipt, and a complete
record concerning the escrow. When the terms of the escrow agreement
have been performed, the attorney must promptly make payment
of the escrow to all persons who are entitled to it.
In the event of a fee dispute, you have the right to seek arbitration.
Your attorney will provide you with the necessary information
regarding arbitration in the event of a fee dispute or upon
your request. |
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