Practice point: When an attorney terminates representation and there has been no misconduct, no discharge for just cause and no unjustified abandonment, the attorney preserves the right to enforce a statutory charging lien.
Practitioners should note that if the attorney’s moving papers do not specify the ground for the relief sought, an evidentiary hearing must be held to determine whether the attorney withdrew with just cause.
Case: Ramirez v. Willow Ridge Country Club, Inc., NY Slip Op 01525 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Labor Law.
