Legal Opinion
Ellis v. Mitchell
New York Supreme Court
Decided December 21, 1948PublishedCited by 8 opinions
1Opinion of the CourtGavagan, J.
It is well settled that1‘
a client may at any time for any reason which seems satisfactory to him, however arbitrary, discharge his attorney. * * * Even in the presence of a definite agreement the client’s right persists. Cancellation by him cannot constitute a breach of contract, for implied in every such agreement is the right to discharge ” (Matter of Krooks, 257 N. Y. 329, 331). If the client exercises his right to discharge the attorney prior to the completion of the services for which the fee agreed upon was to constitute compensation, the attorney is not entitled to the agreed upon…
2Cases cited6 opinions
- Martin v. . CampNew York Court of Appeals · 1916
- Matter of TillmanNew York Court of Appeals · 1932
- Matter of KrooksNew York Court of Appeals · 1931
- Matter of Reeves v. CrownshieldNew York Court of Appeals · 1937
- Matter of City of New YorkNew York Court of Appeals · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Shaw v. Manufacturers Hanover Trust Co.New York Court of Appeals · 1986
- Nick Dardovitch v. Mark S. Haltzman, Esquire Catherine A. Backos, as Trustees of Glenn Eagle Square Equity Assoc. Trust Glenn Eagle Square Equity Associates, Inc., Mark S. Haltzman, in No. 98-1421 Nick Dardovitch v. Mark S. Haltzman, Esquire Catherine A. Backos, as Trustees of Glenn Eagle Square Equity Assoc. Trust Glenn Eagle Square Equity Associates, Inc., Mark S. Haltzman, in No. 98-1422 Nick Dardovitch in No. 98-1452 v. Mark S. Haltzman, Esquire Catherine A. Backos, as Trustees of Glenn Eagle Square Equity Assoc. Trust Glenn Eagle Square Equity Associates, IncCourt of Appeals for the Third Circuit · 1999
- Dardovitch v. HaltzmanCourt of Appeals for the Third Circuit · 1999
- In re the Estate of MucciniNew York Surrogate's Court · 1983
- In the Matter of James J. Laughlin and Albert J. Ahern, Jr., Attorneys for Guardian of the Estate of Thomas Charles Ball, InfantCourt of Appeals for the D.C. Circuit · 1959
3 more not listed; retrieve them via the Exa API.