lawyer withholding case record for appeal/overbilling

[margo222]

former lawyer withholding case record needed for appeal/overbilling

What is the name of your state? New York
Is it unlawful for a lawyer to withhold my case record, which is needed for an appeal? This lawyer was supposed to send me itemized bills monthly. He never did, despite my many requests. He was also supposed to give me the case record as the case developed. He never did, gave excuses.
This case ended 4 1/2 years ago. I have sent this attorney dozens of written reguests for an itmized bill during these 4 1/2 years. None was ever sent.
Now, when I requested my case record for an appeal, he now says--4 1/2 years later- -that I owe him money. I paid him a lot of money over 4 1/2 years ago.
I again requested an itemized bill.
He finally sent me for the very first time in March 2005 an itemized bill for hundreds of thousands of dollars. The case ended in 2000. He has not represented me since 2000.
This is unbelievable overbilling.
He won't give me the case record (which by law in NY I think he is supposed to give me) until I pay him.
What is the applicable New York statute and number (if any) regarding a lawyer withholding former client's case record needed for appeal? What about legal ethics?

What is New York statute on lawyer overbilling?

What can I do about this?

P.S. This lawyer has been in trouble before for overbilling. He has been taken to court for overbilling and the client won. He does not run a law firm; he runs a billing firm.
Is there any way to find out his client list such as through court records?

Any help is greatly appreciated.

 

[Peetie]

You are (were) entitled to itemized billing statements and you should have been provided with copies of everything your lawyer produced or received (correspondence, legal filings, subpoenas, etc) all along.


http://www.courts.state.ny.us/attorneys/clientsrights.shtml

If you believe the fee is unreasonable, you have the right to go to arbitration to determine if the fee is excessive.

http://www.nysba.org/Content/NavigationMenu/Attorney_Resources/Lawyers_Code_of_Professional_Responsibility/LawyersCodeOfProfessionalResponsibility.pdf

See page 29-30:

DR 2-106 [§1200.11] Fee for Legal Services.

A. A lawyer shall not enter into an agreement for, charge or collect an illegal or excessive fee.

B. A fee is excessive when, after a review of the facts, a lawyer of ordinary prudence would be left with a definite and firm conviction that the fee is in excess of a reasonable fee. Factors to be considered as guides in determining hthe reasonableness of a fee may include the following:
1. The time and labor required, the novelty and difficulty of the questions involved and the skill requisite to perform the legal service properly.
2. The likelihood, if apparent or made known to the client, that the acceptance of the particular employment will preclude other employment by the lawyer.
3. The fee customarily charged in the locality for similar legal services.
4. The amount involved and the results obtained.
5. The time limitations imposed by the client or by circumstances.
6. The nature and length of the professional relationship with the client.
7. The experience, reputation and ability of the lawyer or lawyers performing the services.
8. Whether the fee is fixed or contingent.

C. A lawyer shall not enter into an arrangement for, charge or collect:
1. A contingent fee for representing a defendant in a criminal case.
2. Any fee in a domestic relations matter:
a. The payment or amount of which is contingent upon the securing of a divorce or in any way determined by reference to the amount of maintenance, support, equitable distribution, or property settlement;
b. Unless a written retainer agreement is signed by the lawyer and client setting forth in plain language the nature of the relationship and the details of the fee arrangement. A lawyer shall not include in the written retainer agreement a nonrefundable fee clause; or
c. Based on a security interest, confession of judgment or other lien, without prior notice to the client in a signed retainer agreement and approval from a tribunal after notice to the adversary. A lawyer shall

29

not foreclose on a mortgage placed on the marital residence while the spouse who consents to the mortgage remains the titleholder and the residence remains the spouse’s primary residence.
3. A fee proscribed by law or rule of court.

D. Promptly after a lawyer has been employed in a contingent fee matter, the lawyer shall provide the client with a writing stating the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal, litigation and other expenses to be deducted from the recovery and whether such expenses are to be deducted before or, if not prohibited by statute or court rule, after the contingent fee is calculated. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement sating the outcome of the matter, and if there is a recovery, showing the remittance to the client and the method of its determination.

E. Where representation is in a civil matter, a lawyer shall resolve fee disputes by arbitration at the election of the client pursuant to a fee arbitration program established by the Chief Administrator of the Courts and approved by the justices of the Appellate Divisions.

F. In domestic relations matters, a lawyer shall provide a prospective client with a statement of client’s rights and responsibilities at the initial conference and prior to the signing of a written retainer agreement.