The First Department recently issued new rules regarding contingency fees.
Under the rules, a client can choose to accept a contingency fee agreement that allows their attorney to advance fees and litigation expenses with no obligation on the part the client to repay those costs unless their case is successful. If the client wins their case or reaches a settlement, their attorney's fees would then be calculated as a percentage of the gross recovery.
Until now, despite a comparable change to the Judiciary Law in 2006, the NYCRR has required that clients remain liable for costs and expenses, even if they do not recover. Click here to view the new rule.
The Second Department has already adopted this rule change, and the remaining Departments are expected to publish similar rules in the next few weeks.
NYSTLA is holding a town hall meeting on March 26 at 6:00PM to discuss these new rules, focusing on new retainers, disclosure and informed consent, prospective and retrospective applicability, and other points relative to the new rule. While registration is presently full, call (212) 349-5890 to reserve your spot on the waitlist.
Robert F. Danzi
New York State Trial Lawyers Association