Rosenberg & Estis, P. C. v. Stewart

OPINION OF THE COURT

Seymour Schwartz, J.

In this action for attorneys’ fees, plaintiff moves for a protective order with respect to defendant’s demand for discovery and inspection of all of plaintiff’s files relating to defendant, its former client. Defendant interposed a counterclaim alleging malpractice and contends that plaintiff’s files are essential to her prosecution of the counterclaim. Plaintiff argues that compliance with the demand for discovery and inspection would effectively nullify its retaining lien on the files.

The retaining lien is analogous to the artisan’s or mechanic’s…