We all know when "signing up a case" that you must get a retainer agreement signed and you must then promptly file a retainer statement with the Office of Court Administration. To most personal injury attorneys having the client sign the retainer is a "rushed event", giving the attorney the authority to move forward with the case. Well your retainer better be filled out completely, be accurate, should contain necessary legalese and most importantly should be able to withstand scrutiny from a Judge, arbitrator or God forbid the disciplinary committee.(See NYLJ Monday December 13th, 2010).
These are a few of the most common mistakes;
1.Clients name and address not inserted on the top;
2. Attorney has client sign a "sliding scale retainer" instead of a "one third retainer;
3. Wrong form is used when signing up a medical malpractice case;
4. While injured spouse in the hospital, the wife signs;
5. Necessary wording regarding "collection of no-fault benefits "or obtaining 3rd party funding/financing for case costs is ommitted.
I could go on and on. Been there, done it.
Moral of the story; Next time you're in a rush to have the client sign the retainer, stop, take a deep breath and carefully review the document like you would any other legal document. You'll save yourself plenty of headaches down the road!
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