Another New York innovation.

• Position: Written letters of engagement by attorneys

Effective March 4, New York state lawyers are required to furnish letters of engagement to clients in both criminal and civil representations. The new rule, which makes the letters mandatory rather than simply "best practice," is 22 N.Y.C.R.R. Part 1215, "Written Letter of Engagement."

The letter must cover three aspects of the representation: (1) an explanation of the scope of the legal services to be performed; (2) an explanation of the fees to be charged, expenses and billing practices; and (3) where applicable, a notice of the right of the client to arbitration of fee disputes. In lieu of providing a written letter of engagement, lawyers may comply with the rule by entering into a signed written retainer agreement.

Exceptions are (1) representations in which the fee is expected to be less than $3,000; (2) representations in which the...