Legal Opinion

Schwartz v. Jones

New York Supreme Court

Decided January 28, 1969PublishedCited by 14 opinions

1Opinion of the CourtJoseph Lief, J.

The relationship between client and lawyer is such that the client may discharge the attorney at any time with or without cause, while the lawyer, may withdraw only for good reason. Where the attorney is discharged for cause or withdraws without reason, he forfeits his fee. The converse is also true, however, that he is entitled to be paid when discharged without cause or he withdraws with sufficient reason (Suffolk Roadways v. Minuse, 56 Misc 2d 6, 7). Awkward circumstances have arisen between the parties plaintiff (husband and wife) which are not of the attorney’s making and it prompts one…

2Cases cited3 opinions

  1. In Re the Estate of MontgomeryNew York Court of Appeals · 1936
  2. Weynberg v. City of New York Commission on Human RightsNew York Supreme Court · 1968
  3. Tiringer v. GrafeneckerAppellate Terms of the Supreme Court of New York · 1962

3Cited by14 opinions

  1. Zuhua Chen Ex Rel. Fan v. Chen Qualified Settlement FundCourt of Appeals for the Second Circuit · 2009
  2. Ambrose v. the Detroit Edison Co.Michigan Court of Appeals · 1975
  3. Upgrade Corp. v. Michigan Carton Co.Appellate Court of Illinois · 1980
  4. Phelps Steel, Inc. v. Von DeakMassachusetts Appeals Court · 1987
  5. Staples v. McKnight, Texas Court of Appeals, 5th District (Dallas)1988

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