In re Weiss

This proceeding was brought by the client under section 475 of the Judiciary Law to fix an attorneys’ lien for services rendered by respondents in a malpractice action. Petitioner client appeals from an order granting respondent attorneys a fee equivalent to 40% of the net recovery received upon the settlement of the action.

In September, 1955 the parties entered into a retainer agreement under which the client agreed to pay the attorneys 40% of any sum's recovered in the malpractice action. The retainer made no provision with respect to disbursements.

In November, 1958, during the trial, the…