In New York , the attorney is required to have the client sign a 1/3 retainer for his services. The client must elect on the retainer form if the client will front the expenses for the case . If the client declines to advance the expenses , then the attorney if successful in recovering money for his client , can recover thirty three and 1/3 percent of the gross settlement for his fee . He is also allowed to recover his disbursements However, if the client signs a retainer that he the client will advance the expenses then the attorney is only entitled to recover 1/3 of the net recovery . Under the standard contingent retainer in New York for accident cases the client must elect whether they will advance the expenses or whether the attorney will advance the expenses. Also any liens such as Medicare, Medicaid or certain insurance policies which are self funded must be deducted from the settlement.