Trust v. Repoor
The Superior Court of New York City
An order was served on the plaintiff’s attorney to show cause why he should not deliver up to the plaintiff all the papers and documents in his hands, or obtained by him as attorney for the plaintiff, as also the papers in the action, and why he should not deliver up to the plaintiff a consent for substitution of another attorney as the plaintiff may nominate.
1Opinion of the Court
His Honor Justice Hoffman,
delivered an opinion in substance as follows:—That a client has a right to change his attorney at his own volition whatever may be his motives; whether a mere caprice or a substantial reason. The relation requires the most unlimited confidence and perfect harmony. The attorney has no claim upon papers placed in his hands, except the lien upon them to secure costs and fees—and even this lien will be, under certain circumstances, so modified as to compel him to produce such documents upon an emergency pressing for their use. That prior to the Code, an attorney, even…
2Cases cited1 opinion
- Merritt v. LambertNew York Court of Chancery · 1843
3Cited by5 opinions
- Tenney v. . BergerNew York Court of Appeals · 1883
- Wilkinson v. TildenU.S. Circuit Court for the District of Southern New York · 1883
- Roake v. PalmerAppellate Division of the Supreme Court of the State of New York · 1907
- Martin v. CampAppellate Division of the Supreme Court of the State of New York · 1914
- People v. Bank of Staten IslandAppellate Division of the Supreme Court of the State of New York · 1906