An attorney who violates the state’s official Codes, Rules and Regulations (NYCRR) by failing to obtain a written retainer agreement or letter of engagement from a client in a nonmatrimonial case can still recover fees, an appeals court held last week in a ruling of first impression.
An unanimous panel of the Appellate Division, 2nd Department, said its interpretation of the rule, 22 NYCRR 1215.1, would not render it “impotent and unenforceable,” as the appellant in Seth Rubenstein, P.C. v. Ganea, 2005-07813, had alleged.
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