Goldstein v. Bologna

This is an application by the attorneys who were substituted for a disbarred attorney to determine the statutory lien, if any, of the prior attorney, following the settlement of the case. The decisions of the courts in this Judicial Department are in conflict. In Flecha v. Goodman (31 Misc 2d 444) Mr. Justice Rabin held that an attorney who had been suspended had a charging lien for the value of his services, reasoning that to deny him compensation would be to condone unjust enrichment. This case, however, is distinguishable from the instant one in that the disbarred attorney is accused of…