Court of Appeals of New York
King v. Fox, 27
In answer to certified questions from U.S. Court of Appeals for the Second Circuit: 1) New York law permits a client to ratify an attorney's fee agreement during a period of continuous representation; 2) such ratification is possible if attorney misconduct occurs during the period of continuous representation, so long as the client's acquiescence is not procured as a result of the misconduct; and 3) a fully informed client with equal bargaining power who knowingly and voluntarily affirms an existing fee arrangement that might otherwise be considered voidable as unconscionable, can ratify the agreement so long as the client has both a full understanding of the facts that made the agreement voidable and knowledge of his or her rights as a client.
Appellate Information
- Decided 06/13/2006
- Published 06/13/2006
Judges
Court
- Court of Appeals of New York