A new court rule governing the calculation of contingency fees in wrongful death and personal injury cases has prompted the New York State Academy of Trial Lawyers to offer a sample retainer agreement designed to shield lawyers from an inadvertent misstep.
The perplexity centers on contingency fees and expenses, and whether the latter is deducted from the former when calculating what goes to the lawyer and what goes to the client. Until 2006, clients had to remain ultimately responsible for expenses, win or lose.
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