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Client’s Motion to Quash Attorney’s Charging Lien Properly Granted Without a Hearing/No “Conflicting Facts” Concerning Whether the Attorney Was Discharged Was For Cause

The Second Department determined the client’s motion to quash the attorney’s charging lien was properly granted (without a hearing) because the attorney failed to raise a question of fact whether his discharge was for cause:

A client has “an absolute right, at any time, with or without cause, to terminate the attorney-client relationship by discharging the attorney” … . “Where an attorney’s representation terminates upon mutual consent, and there has been no misconduct, no discharge for just cause, and no unjustified abandonment by the attorney, the attorney maintains his or her right to enforce the statutory lien” (…see Judiciary Law § 475…). In contrast, “[a]n attorney who is discharged for cause . . . is not entitled to compensation or a lien” … . “Where there are conflicting claims as to whether an outgoing attorney was discharged with or without cause, a hearing is necessary to resolve such dispute” … .

On his motion to quash Wilson’s charging lien, Romero submitted evidence in support of his contention that the plaintiff had discharged Wilson for cause. In opposition, Wilson failed to dispute or address Romero’s factual assertions and, thus, there were no “conflicting claims” as to whether the discharge was for cause … . Sacarello v City of New York, 2015 NY Slip Op 00350, 2nd Dept 1-14-15

 

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