The retainer agreement or legal services contract describes the services that the lawyer will provide as well as how the fees are to be paid. Services may be billed to the customer by the hour, on a flat-rate basis or on a possible basis. If the withholding agreement indicates that the fee is to be made on a conditional basis, the fee represents a percentage of the funds recovered and that percentage is included in the contract. Contingency contracts must be submitted in writing to be enforceable. It is an ethical requirement based on the legal canon of ethics that lawyers must follow. Citing both sides, the Second Division conducted a thorough review of the NYCRR 1215.1 target and compared it to the intention to control retention agreements in all marital matters after 22 NYCRR 1400.3. . .