Tuesday, April 12, 2016

An attorney's withdrawal.

Practice point:  The Appellate Division reversed the motion court, finding that it improvidently exercised its discretion in denying the unopposed renewed motion for leave to withdraw as plaintiffs' counsel. The attorney established that plaintiffs were in substantial arrears in the payment of legal fees, and failed to cooperate in their representation.  In addition, plaintiffs did not oppose the motion for leave to withdraw as their counsel.

Student note:  An attorney may be permitted to withdraw from employment where a client refuses to pay reasonable legal fees, pursuant to Rules of Professional Conduct 1.16[c][5].  In addition, an attorney may withdraw from representing a client if the client fails to cooperate in the representation or otherwise renders the representation unreasonably difficult for the lawyer to carry out employment effectively, pursuant to Rules of Professional Conduct 1.16[c][7].

Case:  Aragona v. Shaibani, NY Slip Op 02598 (2d Dep't 2016)

Here is the decision.

Tomorrow's issue:  CPLR 7511 and arbitration awards.