NYLE - Professional Responsibility questions with
verified answers
Client's Rights, Retainer Agreements and Fees: Compromise of infant claims: CPLR
1207, 1208; 22 NYCRR 603.8 (Appellate Division, First Department); similar rule in
other Departments Ans✓✓-A lawyer must apply for court approval of a
settlement of claim or cause of action belonging to an infant (see CPLR §§ 1207,
1208). Any sum collected by the attorney on behalf of the infant must be
deposited in a special account apart from the attorney's personal account, and a
statement of the amount received must be delivered (or sent by certified mail) to
the infant's guardian. Payments from a special account may be made only
pursuant to court order.
Client's Rights, Retainer Agreements and Fees: Fee disputes: RPC rule 1.5 (f); 22
NYCRR Parts 137 and 1230 Ans✓✓-Generally, fee disputes between clients and
lawyers, where the amount in question is between $1,000 and $50,000, may be
resolved by arbitration pursuant to the detailed procedure set forth in Part 137 of
Title 22 of the NYCRR. Arbitration of fee disputes is mandatory where the client
requests it. The determination of the arbitration panel is final and binding, except
that either party may request de novo review by the courts.
Mandatory arbitration of fee disputes does not apply: to representation in
criminal matters, to disputes below $1,000 and above $50,000, to claims
requesting relief other than the adjustment of fees, to claims involving substantial
legal questions (including professional malpractice or misconduct), to claims
where the attorney's fees are set by statute, rule or court order, where no
services have been rendered by the attorney for more than two years, where the
dispute involves an attorney not admitted to practice in New York and having no
New York office, where no material service was rendered in New York, and where
the request for arbitration is not made by the client or the client's legal
representative.
,Client's Rights, Retainer Agreements and Fees: Prohibited fees: RPC rule 1.5 (d)
Ans✓✓-A lawyer cannot charge or collect a contingent fee in a criminal matter, a
fee prohibited by law or court rule, a fee based on fraudulent billing or a
nonrefundable retainer fee. A lawyer may charge a reasonable minimum fee if the
retainer agreement containing a minimum fee clause defines in plain language
and sets forth the circumstances under which the fee may be incurred and how it
will be calculated. In domestic relations matters, the payment of a fee cannot be
contingent upon the securing of a divorce, obtaining custody/ visitation or in any
way determined by reference to maintenance, support or equitable distribution.
Client's Rights, Retainer Agreements and Fees: Statement of client's right,
engagement letters and retainer agreements, rules in domestic relations matters:
22 NYCRR Parts 1210, 1215, 1400 Ans✓✓-Every lawyer must post in the lawyer's
office, in a manner visible to clients, a statement of client's rights in the form set
forth in 22 NYCRR 1210.1. This statement includes the right of the client to
competent and courteous representation by the lawyer, the right to be charged
reasonable fees and have them explained before or within a reasonable time of
engagement, the right to be informed at the outset how the fee will be computed
and the manner of billing, and the right to be kept informed of the status of the
matter and have questions answered promptly.
Every lawyer who charges a fee for representation must provide the client prior to
representation with a written letter of engagement that contains an explanation
of the scope of the legal services to be provided, the attorney's fees to be
charged, the expenses and billing practices, and the right to arbitrate fee disputes
(22 NYCRR 1215.1). This letter may take the form of a retainer agreement. The
requirements of 22 NYCRR 1215.1 do not apply if the expected fee is under
$3,000, where the services are the same as others previously rendered to and
paid for by the client, in any domestic relations matter, where the attorney is
admitted in another jurisdiction and has no office in New York, or where no
material portion of the services are to be rendered in New York (22 NYCRR
1215.2).
, In any domestic relations matter (i.e., divorce, separation, annulment, custody,
visitation, maintenance, or child support), a more detailed statement of client's
rights and a retainer agreement are required (22 NYCRR 1400.2, 1400.3). The
client must be shown the statement of rights before representation and prior to
executing a retainer agreement, and the client must sign an acknowledgment that
he or she has received the statement of rights. Lawyers in domestic relations
matters are
Communication about Legal Services: Advertising: RPC rule 7.1 Ans✓✓-The rules
governing attorney advertising have changed dramatically during recent years. In
essence, advertising by lawyers is now broadly permitted as long as it is truthful
and not deceptive or misleading. Lawyers may now make statements reasonably
likely to create an expectation about results, comparing the lawyer's services with
the services of other lawyers and describing the quality of the lawyer's services,
provided such statements are not false, deceptive or misleading and can be
factually supported by the lawyer as of the date on which the advertisement is
published or disseminated. Lawyers can use testimonials of clients with their
written consent. They can even use paid endorsements and actors, as long as that
is disclosed. The advertising must be labeled "attorney advertising," and must
contain the disclaimer: "Prior results do not guarantee a similar outcome." Fees
set forth in advertising must be honored.
Communication about Legal Services: Professional notices, letterheads and signs:
RPC rule 7.5 Ans✓✓-Lawyers may use web sites, professional cards, professional
announcement cards, office signs, letterheads or similar professional notices
provided they do not violate any statute or court rule. Lawyers may not practice
under a trade name, a name that is misleading as to the identity of the lawyer, or
a firm name containing names other than lawyers in the firm, including retired
and deceased lawyers. Telephone numbers with domain names or monikers are
permitted.
verified answers
Client's Rights, Retainer Agreements and Fees: Compromise of infant claims: CPLR
1207, 1208; 22 NYCRR 603.8 (Appellate Division, First Department); similar rule in
other Departments Ans✓✓-A lawyer must apply for court approval of a
settlement of claim or cause of action belonging to an infant (see CPLR §§ 1207,
1208). Any sum collected by the attorney on behalf of the infant must be
deposited in a special account apart from the attorney's personal account, and a
statement of the amount received must be delivered (or sent by certified mail) to
the infant's guardian. Payments from a special account may be made only
pursuant to court order.
Client's Rights, Retainer Agreements and Fees: Fee disputes: RPC rule 1.5 (f); 22
NYCRR Parts 137 and 1230 Ans✓✓-Generally, fee disputes between clients and
lawyers, where the amount in question is between $1,000 and $50,000, may be
resolved by arbitration pursuant to the detailed procedure set forth in Part 137 of
Title 22 of the NYCRR. Arbitration of fee disputes is mandatory where the client
requests it. The determination of the arbitration panel is final and binding, except
that either party may request de novo review by the courts.
Mandatory arbitration of fee disputes does not apply: to representation in
criminal matters, to disputes below $1,000 and above $50,000, to claims
requesting relief other than the adjustment of fees, to claims involving substantial
legal questions (including professional malpractice or misconduct), to claims
where the attorney's fees are set by statute, rule or court order, where no
services have been rendered by the attorney for more than two years, where the
dispute involves an attorney not admitted to practice in New York and having no
New York office, where no material service was rendered in New York, and where
the request for arbitration is not made by the client or the client's legal
representative.
,Client's Rights, Retainer Agreements and Fees: Prohibited fees: RPC rule 1.5 (d)
Ans✓✓-A lawyer cannot charge or collect a contingent fee in a criminal matter, a
fee prohibited by law or court rule, a fee based on fraudulent billing or a
nonrefundable retainer fee. A lawyer may charge a reasonable minimum fee if the
retainer agreement containing a minimum fee clause defines in plain language
and sets forth the circumstances under which the fee may be incurred and how it
will be calculated. In domestic relations matters, the payment of a fee cannot be
contingent upon the securing of a divorce, obtaining custody/ visitation or in any
way determined by reference to maintenance, support or equitable distribution.
Client's Rights, Retainer Agreements and Fees: Statement of client's right,
engagement letters and retainer agreements, rules in domestic relations matters:
22 NYCRR Parts 1210, 1215, 1400 Ans✓✓-Every lawyer must post in the lawyer's
office, in a manner visible to clients, a statement of client's rights in the form set
forth in 22 NYCRR 1210.1. This statement includes the right of the client to
competent and courteous representation by the lawyer, the right to be charged
reasonable fees and have them explained before or within a reasonable time of
engagement, the right to be informed at the outset how the fee will be computed
and the manner of billing, and the right to be kept informed of the status of the
matter and have questions answered promptly.
Every lawyer who charges a fee for representation must provide the client prior to
representation with a written letter of engagement that contains an explanation
of the scope of the legal services to be provided, the attorney's fees to be
charged, the expenses and billing practices, and the right to arbitrate fee disputes
(22 NYCRR 1215.1). This letter may take the form of a retainer agreement. The
requirements of 22 NYCRR 1215.1 do not apply if the expected fee is under
$3,000, where the services are the same as others previously rendered to and
paid for by the client, in any domestic relations matter, where the attorney is
admitted in another jurisdiction and has no office in New York, or where no
material portion of the services are to be rendered in New York (22 NYCRR
1215.2).
, In any domestic relations matter (i.e., divorce, separation, annulment, custody,
visitation, maintenance, or child support), a more detailed statement of client's
rights and a retainer agreement are required (22 NYCRR 1400.2, 1400.3). The
client must be shown the statement of rights before representation and prior to
executing a retainer agreement, and the client must sign an acknowledgment that
he or she has received the statement of rights. Lawyers in domestic relations
matters are
Communication about Legal Services: Advertising: RPC rule 7.1 Ans✓✓-The rules
governing attorney advertising have changed dramatically during recent years. In
essence, advertising by lawyers is now broadly permitted as long as it is truthful
and not deceptive or misleading. Lawyers may now make statements reasonably
likely to create an expectation about results, comparing the lawyer's services with
the services of other lawyers and describing the quality of the lawyer's services,
provided such statements are not false, deceptive or misleading and can be
factually supported by the lawyer as of the date on which the advertisement is
published or disseminated. Lawyers can use testimonials of clients with their
written consent. They can even use paid endorsements and actors, as long as that
is disclosed. The advertising must be labeled "attorney advertising," and must
contain the disclaimer: "Prior results do not guarantee a similar outcome." Fees
set forth in advertising must be honored.
Communication about Legal Services: Professional notices, letterheads and signs:
RPC rule 7.5 Ans✓✓-Lawyers may use web sites, professional cards, professional
announcement cards, office signs, letterheads or similar professional notices
provided they do not violate any statute or court rule. Lawyers may not practice
under a trade name, a name that is misleading as to the identity of the lawyer, or
a firm name containing names other than lawyers in the firm, including retired
and deceased lawyers. Telephone numbers with domain names or monikers are
permitted.
