Don’t Ask Me No [Certified] Questions…

A previous post mentioned King v. Fox, which involved claims by a member of the band Lynyrd Skynyrd against his attorney.  In that case, the Second Circuit certified to the New York Court of Appeals three questions concerning ratification of an attorney’s fee agreement. 

(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 agreementduring a period of continuous representation if attorney misconduct hasoccurred 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 unconscionable attorney’s fee agreement?

In this recent decision, the New York court answered all three questions “yes, but with significant qualifications.”  The decision reads well and the reasoning appears sound, but reference to Lynyrd Skynyrd’s Don’t Ask Me No Questions would have made it a hit.

[Meredith R. Miller]