It is rare that the extent of counsel`s services cannot be “determined” at the start of the representation, when it is difficult to understand why this should happen. Suppose a new customer, a manufacturer, is in dispute with a large customer, but has not yet decided whether to sue, negotiate or refuse another product. The lawyer cannot know whether the scope of the engagement will be litigation, negotiations or advice. But why can`t the lawyer view the scope as a “dispute between the client and large clients and advise others on how to resolve the dispute”? If the lawyer has also agreed to represent the client in a dispute if the client chooses this option, the lawyer may add “and represent the client in a dispute if the client decides to file a complaint.” If this is not the case, counsel should add: “The lawyer`s representation at this stage is limited to evaluating different options and advising the client on these options. The lawyer will therefore not take any concrete action on behalf of the client until the client has given further instructions.┬áIf clients do not return an engagement agreement, it can cause potential problems and confusion about whether you are really their lawyer. To combat this, if you sign the commitment agreement to the customer instead of having them signed while they are in your office, you should specifically specify that the provisions (including the tax) are valid only if the contract is signed within a specified time frame and specify that if the agreement (and the retention tax) is not received within that time frame. You do not have to represent the customer. It may be advisable to continue a letter without commitment after the deadline has expired. Finally, the letter should describe the lawyer`s “accounting practice” for both expenses and expenses.

If the lawyer charges monthly, the letter should say so. The letter should specify when late charges, if any, are incurred and at what cost. If the lawyer requests or has received a reserve obligation, the letter should specify the exact amount and whether that amount constitutes a minimum tax, “general conservation” or “special retention,” and the conditions under which counsel reimburses an undeserved portion. Facts: In 2002, the applicant retained the lawyer to represent her in a right to discrimination in the workplace. The plaintiff is an employee who alleges that her former employer wrongly dismissed her because of her multiple sclerosis disease. She was diagnosed in August 2002. Counsel for the applicant learned in the course of the representation that the applicant had the right to bundle long-term disability insurance benefits through the employer`s insurance agency. After announcing this, counsel attempted in February 2003 to amend the conservation agreement to include legal fees for the recovery of disability insurance benefits. The doctor`s first consultation with the physician to determine if there is a legal problem is not considered to be dependent on a fortuitous benefit, although the other basic benefits, namely the three letters and the appearance before the P.R.O., are contingent. Under the agreement, services worth up to US$145 that depend on an accidental event may be provided as part of the basic replacement service. The balance of the $165 tax not only covers consultation, but can also be considered membership in the program, with the right to reduced services.

The language of 22 NYCRR 1215.1 contains no explicit sanction for non-compliance (see 22 NYCRR 1215.1; Beech vs. Gerald B.