New York Law (NYLE) Practice Exam

Is Cynthia in violation of the rules of professional conduct for not providing a written letter of engagement?

1. No, because a written letter of engagement is never mandatory

2. No, because the expected attorney's fee is $500

3. Yes, because a written letter of engagement and notice to arbitrate are mandatory

4. Yes, because a written letter of engagement is mandatory

The correct answer is: No, because the expected attorney's fee is $500

Cynthia's reliance on the idea that a written letter of engagement is not necessary because the expected attorney's fee is $500 reflects a misunderstanding of the professional conduct rules applicable to attorneys in New York. While it is true that under certain circumstances, particularly when the expected fees are under a specific threshold, written engagement letters might not be mandated, the overarching requirement for a written document can depend on the nature of the services rendered and the complexity of the legal work involved. Specifically, for attorneys in New York, best practices often advise that a written letter of engagement should be used to clarify the scope of the representation, fees, and other terms to avoid misunderstandings. Even when the fee is relatively low, as with the $500 situation mentioned, this does not exclude the necessity or benefit of having a clearer understanding articulated through a written letter. Therefore, while it is not strictly true that a written letter of engagement is never mandatory, it is advisable to utilize them in most situations, regardless of the fee amount. The rules emphasize clarity and communication, which are foundational to maintaining trust in the attorney-client relationship.