And here’s yet another story, NY Firm, Attorney Fail to Execute Retainer , New York Lawyer (3/31/05) on the importance of a retainer agreement. The article reports on a suit by law firm Fenderstock & Partners against its former client, attorney Stephen Shapiro to recover fees for services that Fenderstock provided, ironically, to defend Shapiro against an action to disgorge fees. In contrast to the hapless attorney here, Fenderstock at least stands a chance of recovery, in part because Shapiro never timely objected to the multiple bills sent by Fenderstock. But both Shapiro and Fenderstock dispute the amount that Federstock originally agreed to charge and without a retainer, it comes down to one attorney’s word against another – with both attorneys too dim to realize that they should have had a retainer agreement to begin with!
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