In re Griffing

In an action for separation by wife against husband, petitioners were the former attorneys for the husband, who interposed a counterclaim for separation. On a motion by the husband for substitution of attorneys, petitioners applied for the fixation of their fee on the theory that, where attorneys are discharged without cause, they are entitled to be paid before they surrender their position as attorneys of record. The motion for substitution was granted and the application for the fixation of petitioners’ fee was denied, without prejudice to the commencement of a plenary suit by petitioners…