New Rules in 1st and 2nd Departments Now Require Attorneys to E-File Retainer Statements

This article was originally published June 16, 2020.

Last week the Supreme Court of New York Appellate Division First Department and Second Department approved amendments to their practice rules that require retainer statements in certain contingency fee matters to now be e-filed.

The practice rules in the First and Second Departments require attorneys representing clients in certain contingency fee matters, including claims for personal injury and wrongful death, to file a “retainer statement” with the Office of Court Administration that is signed by the lawyer and outlines the terms of the contingency fee agreement between the lawyer and the client. Previously, attorneys were required to file hard copies of retainer statements with OCA. Under the new rules, attorneys must file retainer statements electronically through the new e-filing portal that the court created and which attorneys can access using their Unified Court System Online Service Accounts.

The new rules and the online portal are available here.