Retainer Depletion Notification Rules

Summary

In New York, lawyers are ethically required to notify clients when their retainer is depleted. If your lawyer failed to inform you and billed you for additional fees, you can discuss the issue with them, file a complaint with the New York State Bar Association, or seek mediation or arbitration. To terminate your lawyer, send a formal letter stating your reasons and request a copy of your case file. If your lawyer sues for unpaid fees, you can dispute the charges through the Bar Association or fee arbitration.

Full Conversation

Does a lawyer in NY obligated to tell you when your retainer is depleted
Yes, in New York, it is generally the lawyer's ethical duty to promptly inform clients when their retainer is depleted. This is to ensure transparency and avoid potential disputes over billing.
My lawyer did not tell me and has billed me for 3 months of billing for *,*. what can I do
You can take the following steps:
- Contact your lawyer to discuss the bills.
- If unresolved, file a complaint with the Florida Bar Association.
- Consider mediation or arbitration for dispute resolution.
- In extreme cases, you may sue for legal malpractice.
I am in New York
I apologize for the confusion earlier. If you're in New York, you should report this issue to the New York State Bar Association:
~New York State Bar Association
Phone: (*) *-*
Address: One Elk Street, Albany, NY *
Website: www.nysba.org
how can I terminate him noting this
To terminate your lawyer in New York, you can:
- Write a formal letter stating your intent to terminate the relationship.
- Include the reasons, like lack of notification on retainer depletion.
- Request for a copy of your case file.
- Inform the court if your case is ongoing.
can the lawyer sue me for the balance of the fees pass my retainer
Yes, a lawyer can sue for unpaid fees beyond the retainer, depending on your agreement. However, if you dispute the charges, consider filing a complaint with the New York State Bar Association or seek fee arbitration.