Legal Opinion
Lewy v. Union Railway Co.
Appellate Terms of the Supreme Court of New York
Decided May 24, 1934PublishedCited by 3 opinions
1Per curiam
A client has the absolute right to discharge his attorney with or without cause, notwithstanding the existence of a contract of retainer providing for a fixed or contingent fee. Where "the attorney is discharged without cause, he is entitled to the fair and reasonable value of the services actually rendered by him, and it is improper in such case over objection to fix the value of the attorney’s services on the basis of a contingent fee dependent upon the outcome of the suit. (Matter of Dunn, 205 N. Y. 398; Martin v. Camp, 219 id. 170; Matter of Krooks, 257 id. 329; Matter of Tillman, 259 id.…
2Cases cited3 opinions
- Robinson v. . RogersNew York Court of Appeals · 1924
- Dunn v. Hudson River Electric Co.New York Court of Appeals · 1912
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
3Cited by3 opinions
- Fitzsimmons v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1937
- In re the Estate of MontgomeryNew York Surrogate's Court · 1935
- Hausvater v. Wikler & Diamont, Inc.City of New York Municipal Court · 1935