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Williams v. Hertz Corporation

Appellate Division of the Supreme Court of New York, First Department
May 15, 1980
75 A.D.2d 766 (N.Y. App. Div. 1980)

Summary

holding that "an attorney who is discharged for cause or misconduct has no right to the payment of fees"

Summary of this case from Haggar Int'l Corp. v. United Co. for Food Indus. Corp.

Opinion

May 15, 1980


Order, Supreme Court, New York County, entered September 25, 1979, which granted plaintiff's motion to the extent of substituting attorneys, directing the outgoing attorney to turn over his file to the incoming attorney, and awarding an attorney's lien for work performed, the amount of which is to be determined upon resolution of the action, unanimously modified, on the law and the facts, without costs, to the extent of remanding to Special Term for a hearing to determine whether the outgoing attorney was discharged without cause, and if so, whether he is entitled to compensation, and if so, in what amount, with payment to be deferred and to be made from any recovery in the action, upon the conclusion thereof, without prejudice to plaintiff's right to apply at that time for a reduction of the compensation should the fee prove disproportionate to the final recovery, and the outgoing attorney is directed to turn over his file to the incoming attorney forthwith, and, appeal from an order, Supreme Court, New York County, entered February 6, 1979, dismissed as academic. Under the circumstances of this case, it would be inequitable for the outgoing attorney to retain the papers in the action, since that would render near impossible the preparation of the case for trial by the incoming attorney. Should it be determined that the outgoing attorney is entitled to compensation, he shall have a lien on the proceeds in that amount. However, an attorney who is discharged for cause or misconduct has no right to the payment of fees and no retaining lien on his client's papers (Matter of Weitling, 266 N.Y. 184; First Nat. Bank of Cincinnati v. Pepper, 454 F.2d 626). In view of plaintiff's claims of discharge for cause, a hearing is in order.

Concur — Fein, J.P., Sullivan, Lupiano, Silverman and Carro, JJ.


Summaries of

Williams v. Hertz Corporation

Appellate Division of the Supreme Court of New York, First Department
May 15, 1980
75 A.D.2d 766 (N.Y. App. Div. 1980)

holding that "an attorney who is discharged for cause or misconduct has no right to the payment of fees"

Summary of this case from Haggar Int'l Corp. v. United Co. for Food Indus. Corp.

holding that "an attorney who is discharged for cause or misconduct has no right to the payment of fees"

Summary of this case from Louima v. City of New York
Case details for

Williams v. Hertz Corporation

Case Details

Full title:JAMES L. WILLIAMS et al., Plaintiffs, v. HERTZ CORPORATION et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 15, 1980

Citations

75 A.D.2d 766 (N.Y. App. Div. 1980)

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