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Tuesday, July 18, 2006

Answers. In a prior decision, the Second Circuit certified certain questions to the New York Court of Appeals. The questions were:

1. Is it possible for a client to ratify an attorney's fee agreement during a period of continuous representation?

2. Is it possible for a client to ratify an attorney's fee agreement during a period of continuous representation if attonrney misconduct has occurred during that period? If so, can ratification occur before the attorney has committed the misconduct?

3. Is it possible for a client to ratify an unconscionsable attorney's fee arrangement?

The Court of Appeals answered all three questions in the affirmative although it noted that ratification induced by misconduct would be invalid and that it would be ra are case when unconscionable agreement may be ratified by the client.

The Supreme Court remanded the case to the District Court for further proceedings to decide the issue of unconscionability.

The decision in King v. Fox can be found at the Second Circuit website (decided on July 18, 2006). The New York Court of Appeals decision can be found here. I'm sorry for my inability to provide a direct link. Someone's been monkeying with the Second Circuit website. I used to be able to find direct links by using the search enginge at weww.ca2.uscourts.gov:8080, but that appears not to work anymore. I will try to find out what the problem. If anyone has any ideas, let me know.

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