QUESTION
Once the client pays the retainer, can the attorney include the retainer as an intem in their Bill of Costs?
Asked on Oct 22nd, 2013 on Civil Litigation - New York
More details to this question:
Would the court disallow the retainer to be recovered on a taxation hearing, since it is a payment already received? Are there any cases on this issue?
2 ANSWERS
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Scott G. Cerbin, Esq., PLLC
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No. A Bill of Costs allows recovery of specific (and somewhat fictional costs) and is created by statute. It does not actually entitle you to recover your costs. The payments are based upon how far the litigation goes. Look at NY CPLR for specifics. At most it entitles you to a few hundred dollars and not attorneys fees.
Answered on Oct 26th, 2013 at 1:49 PM
Fees paid to the attorney, whether a retainer or otherwise, are not costs. A bill of costs, at least in NY, includes items like filing fees, a small amount for service fees, etc. Absent a contractual provision or statute authorizing the recovery of attorneys' fees, each side pays its own, win or lose.
Answered on Oct 22nd, 2013 at 12:36 PM