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Holmes
v. Y.J.A. Realty Corp, 128 A.D.2d 482 (1987)
Author: Anonymous
Facts:
Pl alleged that she was injured after slipping and falling on a
defective step at an apartment building owned by Dfs --landlords
(YJA), and Yori Abrahms. A written retainer agreement was
executed by Abrahams on behalf of himself and YJA when Goldman
was hired. That agreement provided that his legal fees
would be billed at $125/hr for law office activity and $400 per
day for each court appearance. His itemized bill
indicates that a balance due of $2275 remained after crediting
payments of $3500. Goldman claims to have demanded payment
for five mos before the current motion, but Dfs refused and Yori
verbally berated and abused him w/ accusations of disloyalty and
conflicts of interest.
Issue:
Whether counsel has the right to withdraw after litigation has
ensued when the client refuses to tender payments for legal
services received and lodges accusations at counsel?
Holding:
Yes, if a client make representation unreasonable or deliberately
breaches an agreement for legal services.
Procedure:
Pl sought to recover damages for PI sustained during slip and
fall. Attorney Goldman appealed from denial on his motion
to be relieved as counsel for the Dfs. S. Ct NY motion to
withdraw is granted.
Rule:
An attorney’s withdrawal from employment is permissible
where a client “renders it unreasonably difficult for the
lawyer to carry out his employment effectively.” DR
2-110(C)(1)(d).
Rationale:
Once representation of a client in litigation has commenced,
counsel’s right to withdraw is not absolute. The
Code of Prof. Responsibility also provides for relief were a
client “deliberately disregards an agreement or obligation
to the lawyer as to expenses and fees.” Where a client
repudiates a reasonable fee arrangement there is no obligation by
the attorney to finance the litigation for the client or render
gratuitous service.
Df
will have ample time to retain new counsel, and the Pl will not
be prejudiced by any delay in the trial attributable to a
withdrawal.
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