Legal Opinion
Silverman v. Pennsylvania R.
District Court, S.D. New York
Decided November 11, 1905PublishedCited by 7 opinions
On Motion by Plaintiff for an Order Substituting Attorneys.
1Opinion of the Court
HOLT, Circuit Judge.
A party has an absolute right to change his attorney at any time. It is discretionary with the court whether it should compel him to pay for services already rendered, especially in a case taken upon a contingent fee, or whether a substitution should be ordered, leaving the attorney to sue for his fee. Du Bois v. Mayor (C. C. A.) 134 Fed. 570. In this case the attorney made a written contract with the plaintiff to conduct this suit upon a contingent fee; “all disbursements to be advanced by” the attorney. In my opinion, by the law of New York, this contract was void for…
2Cases cited5 opinions
- In Re the Accounting of FitzsimonsNew York Court of Appeals · 1903
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
- Jeffries v. Mutual Life Ins. Co. of NYSupreme Court of the United States · 1884
- Du Bois v. Mayor of New YorkCourt of Appeals for the Second Circuit · 1904
- Stedwell v. HartmannAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by7 opinions
- Bulk Oil Transports, Inc. v. Robins Dry Dock & Repair Co.Court of Appeals for the Second Circuit · 1921
- Kellogg v. WinchellDistrict Court, District of Columbia · 1921
- Doggett v. Deauville CorporationCourt of Appeals for the Fifth Circuit · 1945
- Keating v. KeatingHawaii Supreme Court · 1958
- Harvey v. RoweSupreme Court of Florida · 1940
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