LEGAL MALPRACTICE IN BERGEN AND PASSIAC COUNTIES: ATTORNEY RETAINER AGREEMENTS

It is well recognized that retainer agreements between an attorney and client are enforceable provided that the agreement satisfies both the general requirements for a contract and certain ethical principles that are specific to the legal profession. Any retainer agreement that violates the rules of professional conduct may be declared unenforceable. In analyzing an attorney’s retainer agreement, the courts have consistently recognized that there is a fiduciary duty owed by the attorney to the client and to the extend that there are any contests relating to the interpretation of the agreement those contests will be decided against the attorney.