The retainer agreement is a contract between an attorney and the client. However, in matrimonial cases, it is a force of its own. There are countless rules under the New York City Rules and Regulations as well as in the Rules of Professional Responsibility regarding matrimonial retainers. Add to this the hundreds of cases in all of the courts, and you get a basic idea of its vast importance and weight.
If an attorney wants fees from the opposing side or from his own client if there is a breakdown of the attorney-client relationship, the attorney needs to prove that he has followed the rules of the court.
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