V. W. v. J. B.

OPINION OF THE COURT

Lewis R. Friedman, J.

Plaintiff seeks summary judgment on the fifth cause of action, for rescission. The application raises serious questions under the Code of Professional Responsibility, not previously addressed in the New York cases, concerning retainer agreements and "bonuses” in matrimonial cases.

In July 1992 plaintiff retained defendant to represent her in a matrimonial matter. The written retainer called for plaintiff to pay a fee determined solely by multiplying the number of hours expended on the case times the hourly rate charged for the service.1 Negotiations…