You are here: / / Conflicting Evidence About Whether Attorney Discharged for Cause (Thereby...

Conflicting Evidence About Whether Attorney Discharged for Cause (Thereby Prohibiting Recovery of Attorneys Fees) Required Hearing

The Second Department determined Supreme Court should not have ruled that an attorney was not discharged for cause, thereby entitling the attorney to attorneys fees, without a hearing, because there was conflicting evidence on the issue.  The court explained when an attorney who has been discharged is entitled to attorneys fees:

A client has “an absolute right, at any time, with or without cause, to terminate the attorney-client relationship by discharging the attorney” … . Where the discharge is without cause, the attorney may recover the reasonable value of his or her services in quantum meruit … . In contrast, “[a]n attorney who is discharged for cause . . . is not entitled to compensation or a lien” … . An attorney who violates a disciplinary rule may be discharged for cause and is not entitled to fees for any services rendered … .

“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”… . Schultz v Hughes, 2013 NY slip Op 05891, 2nd Dept 9-18-13

 

You might also like
THE ATTORNEY-CLIENT PRIVILEGE DID NOT PASS TO THE FOREIGN (DELAWARE) CORPORATION AFTER A MERGER AND ACQUISITION OF NEW YORK BUSINESS ENTITIES; THEREFORE THE NEW YORK PARTIES, IN THEIR CLAIMS AGAINST THE ATTORNEYS WHO REPRESENTED THEM IN THE TRANSACTION, CAN SEEK ACCESS TO THE ATTORNEYS’ PRIVILEGED COMMUNICATIONS CONCERNING THE TRANSACTION (SECOND DEPT).
Complaint Can Not Be Deemed Dismissed in Absence of Final Judgment
THE EVIDENCE RELIED UPON BY COUNTY COURT TO DENY DEFENDANT’S RESENTENCING PURSUANT TO THE DRUG LAW REFORM ACT (DLRA) WAS NOT SUFFICIENT TO OVERCOME THE STATUTORY PRESUMPTION FAVORING RESENTENCING (SECOND DEPT).
Intoxication Jury Instruction Was Warranted, Conviction Reversed
PLAINTIFF’S MOTION TO RESTORE THE FORECLOSURE ACTION TO THE CALENDAR SHOULD HAVE BEEN GRANTED; ABSENT SPECIFIC AFFIRMATIVE DEFENSES PLAINTIFF BANK NEED NOT PROVE COMPLIANCE WITH STATUTORY AND CONTRACTUAL NOTICE REQUIREMENTS (SECOND DEPT).
DEFENDANT WAS DEPRIVED OF HIS RIGHT TO CONFRONT A WITNESS AGAINST HIM AND WAS PENALIZED FOR REJECTING THE JUDGE’S PLEA OFFER AND GOING TO TRIAL; THE ISSUES WERE NOT PRESERVED BUT WERE CONSIDERED IN THE INTEREST OF JUSTICE (SECOND DEPT).
CITY WAS NOTIFIED OF THE ESSENTIAL FACTS OF PETITIONER’S CLAIM BY A TIMELY NOTICE OF CLAIM FILED BY THE OTHER PARTY IN THIS TRAFFIC ACCIDENT CASE, PETITIONER’S REQUEST TO FILE A LATE NOTICE OF CLAIM SHOULD HAVE BEEN GRANTED (SECOND DEPT).
LAW FIRM SANCTIONED FOR FAILURE TO APPEAR AT A MANDATORY MEDIATION SESSION TO ATTEMPT TO RESOLVE THE MATTER ON APPEAL (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Evidence Supported Finding Certificate of Acknowledgment Attached to Deed Was... Failure to Check Box on Cover Sheet Fatal to Designating Petitions