Practice point: An attorney's retainer agreement is a contract that is terminable at will.
Practitioners should note that, in order to sustain a cause of action based on tortious interference with a contract terminable at will, there must be a showing of wrongful conduct, such as fraudulent representations, threats or a violation of a duty of fidelity based on the parties’ confidential relationship.
Case: Lowenbraun v. Garvey, NY Slip Op 02336 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
