On March 2, 2022, the Second Department issued a decision in Ripa v. Petrosyants, 2022 NY Slip Op. 01336, holding that a written engagement letter is not required to create an attorney-client relationship, explaining:
Here, the Supreme Court erred in granting dismissal of the legal malpractice cause of action based upon the plaintiff’s failure to produce evidence of an attorney-client relationship. An attorney-client relationship does not depend on the existence of a formal retainer agreement, and the plaintiff had no obligation to demonstrate evidentiary facts to support the allegations contained in the complaint. Furthermore, the complaint sufficiently alleges the existence of an attorney-client relationship between the plaintiff and the Ofshtein defendants, as well as the other elements of legal malpractice, including damages, to support a legal malpractice cause of action.
(Internal citations omitted).