Antaya v. Majett

The plaintiff had retained an attorney on a contingency basis to prosecute a personal injury action. The attorney proceeded to represent plaintiff, to institute the suit and to engage in the usual procedures preliminary to trial. In due time, a disagreement arose between client and attorney, the nature of which is presently immaterial. The plaintiff moves before me to substitute attorneys, to direct the present attorney to deliver the papers in the matter to the prospective attorney, and to fix the outgoing attorney’s fee.

As the outgoing attorney properly states in his answering affidavit, 1…