Fracasse v. Brent

I dissent.

We are confronted here with two questions: First, whether an attorney at law who has been discharged without cause by his client may bring a declaratory relief action to obtain a determination of his rights under a written contingency fee contract; and second, what may be the extent of his recovery under such circumstances.

The majority hold (1) that the action for declaratory relief is premature because the amount of any possible award cannot be determined before disposition of the client’s underlying claim; and (2) that the client’s discharge of the attorney without cause does not…