Kudos to New York State Trial Lawyers Association, the New York State Legislature and the four departments of the Appellate Division for amending Section 488 of the Judiciary Law and the corresponding court rules to allow attorneys in personal injury and wrongful death cases to recoup their disbursements after payment of the contingency fee where the attorney and the client have agreed that the client will not be responsible for disbursements if neither a settlement nor verdict is obtained in the client’s behalf. This has long been the rule in almost every other state in the nation.
It is now time to amend Section 474-a of the Judiciary Law to allow the same fee agreement in medical malpractice cases where large disbursements are the norm and the financial risks to the plaintiff’s attorney are great.
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