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Disciplinary Rules Amended to Repeal Requirement of filing Closing Statement

By order dated February 13, 1997 the Appellate Division's amended section 1400.3 [Written retainer agreement] of the Joint Appellate Division Rules relating to procedure for attorneys in domestic relations matters, to require effective March 1, 1997, that the retainer agreement be filed "with the court". Section 1400.6 [Closing statement], which requires attorneys to file a closing statement at the completion of the action has been deleted. Section 1400.3 now provides: An attorney who undertakes to represent a party and enters into an arrangement for, charges or collects any fee from a client shall execute a written agreement with the client setting forth in plain language the terms of compensation and the nature of services to be rendered. The agreement, and any amendment thereto, shall be signed by both client and attorney, and, in actions in Supreme Court, a copy of the signed agreement shall be filed with the court with the statement of net worth. Where substitution of counsel occurs after the filing of the net worth statement, a signed copy of the attorney's retainer agreement shall be filed within 15 days of signing. A duplicate copy of the filed agreement and any amendment shall be provided to the client. The agreement shall be subject to the provisions governing confidentiality contained in Domestic Relations Law