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NYSBA Committee on Professional Ethics – Contingency fees: Opinion 1181
By: Daily Record Staff//March 11, 2020
NYSBA Committee on Professional Ethics – Contingency fees: Opinion 1181
By: Daily Record Staff//March 11, 2020
New York State Bar Association Committee on Professional Ethics
Contingency fees
Disbursements – Interest on reimbursement
Ethics Opinion 1181
Background: The inquiring attorney’s practice includes matters done on a contingency fee basis. Some recent changes in contingency fee cases have sowed some confusion about prior opinions on a lawyer’s ability to charge interest on disbursements. This is due to changes in the law that allows lawyers to fund disbursements rather than seek immediate reimbursement from the client.
Opinion: The Committee concluded that a New York contingency-fee attorney may impose an interest charge on unpaid disbursements if a written agreement signed by the client fully discloses the terms on which interest may be charged and the terms are reasonable.
Case Digests
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- Second Circuit – Class action settlement: Moses v. The New York Times Company
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
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- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
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