Remedies for an attorney discharged without cause.

Practice point: The three remedies of an attorney discharged without cause — the retaining lien, the charging lien, and the plenary action in quantum meruit — are not exclusive but cumulative, and the attorney does not waive the right to commence an immediate plenary action for a judgment against the client by commencing a proceeding to fix the amount of the charging lien.

Student note: An attorney may enforce the lien in a court other than that before which the  services were rendered.

Case: Balestriere PLLC v. BanxCorp, NY Slip Op 04675 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Bus drivers’ negligence.