Attorney fees are regulated, and may be most regulated in matrimonial settings. 22 NYCRR 1400 regulates how fees are calculated, how they are billed, and most importantly, what happens if the procedures are not followed.
In this case, Sheresky Aronson & Mayefsky LLP v. Whitmore, 117068/06 ,Decided: October 5, 2007
Justice Doris Ling-Cohan NEW YORK COUNTY Supreme Court , the law firm of Sheresky Aronson & Mayefsky LLP successfully represented the wife in a matrimonial, and had their fees paid by the husband. Nevertheless, they wanted a premium for successful conclusion, from the wife, and proposed a $ 150,000 reward. The wife paid $ 50,000 and then balked.
Law firm loses, for its failures with regard to 22 NYCRR 1400.3. "22 NYCRR 1400.3 was "’promulgated to address abuses in the practice of matrimonial law and to protect the public’" (Mulcahy v. Mulcahy, 285 AD2d 587, 588 [2d Dept], lv denied 97 NY2d 605 [2001], quoting Julien v. Machson, 245 AD2d 122, 122 [1st Dept 1997]). The requirement that attorneys execute written retainer agreements with matrimonial clients is found not only in the Rule, but also in Code of Professional Responsibility, in Disciplinary Rule (DR) 2-106 (c) (2) (b), which forbids attorneys from collecting "[a]ny fee in a domestic relations matter . . . unless a written agreement is signed by the lawyer and client setting forth in plain language the nature of the relationship and the details of the fee arrangement." It is well settled that an attorney’s noncompliance with the Rule generally precludes the attorney’s recovery of fees in domestic relations matters (see Ackerman v. Gebbia-Ackerman, 19 AD3d 519 [2d Dept], dismissed 6 NY3d 740 [2005]; Bishop v. Bishop, 295 AD2d 382 [2d Dept 2002]). "