Reisch & Klar v. Sadofsky

Lazer, J. P.,

dissents and votes to affirm the order, with the following memorandum: I have no dispute with the majority’s view that the inherent and statutory power of the courts to regulate the practice of law provides us with the authority to supervise the charging of fees for legal services (see Gair v Peck, 6 NY2d 97). Nonetheless, where a client and attorney have entered into a retainer agreement for such services, the regulatory authority should be invoked only where there is a showing of unconscionability (Gross v Russo, 47 AD2d 655; Ward v Orsini, 243 NY 123) or that the attorney…