In re Weitling
| Decision Date | 22 January 1935 |
| Citation | 194 N.E. 401,266 N.Y. 184 |
| Parties | In re WEITLING. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Proceedings by Terijon Weitling for an order directing the delivery to him of his papers and property by Julian A. Gregory and another, his attorneys. An order of the Special Term canceling the retaining lien of the attorneys on their client's papers and ordering surrender of the papers was affirmed by the Appellate Division (242 App. Div. 823, 275 N. Y. S. 973), and the attorneys appeal.
Order of Appellate Division and that of Special Term reversed, and matter remitted to Special Term.
Appeal from Supreme Court, Appellate Division, First Department.
W. Randolph Montgomery and Benjamin A. Matthews, both of New York City, for appellants.
F. Campbell Jeffery of New York City, for respondent.
Appellants, who are attorneys at law, were retained by respondent to commence and prosecute an action to recover on a claim for $72,761.89 with interest. The retainer was upon a contingent fee. The appellants performed extensive services under their contract of employment, including a jury trial and an appeal to the Appellate Division. They paid out for expenses over $1,000.
The respondent became dissatisfied with their services, and retained other counsel, who demanded that the papers and documents in connection with the action be surrendered to him. Appellants wrote a letter to respondent saying that, if it was his wish to substitute other counsel, they had no objection, provided he compensated them for the services which they had rendered. Without paying appellants for services rendered, the respondent made a motion to compel the appellants to deliver to him all papers connected with the action. Respondent's affidavit served upon appellants with the notice of motion charged the appellants with unprofessional conduct as attorneys in the conduct of the action. Those charges were denied by appellants, who resisted the respondent's motion upon the ground that they should not be deprived of their retaining lien by being compelled to surrender the papers upon which, as attorneys, they had a valid retaining lien, until they were paid the fair and reasonable value of the services which they had rendered.
The lien which they possessed was a valuable right given by law to secure them for the payment of the reasonable value of the services which they had rendered as attorneys in the action. Robinson v. Rogers, 237 N. Y. 467, 143 N. E. 647, 33 A. L. R. 1291.
The fact that their retainer provided for the payment of a contingent fee did not affect the validity of their lien. Upon their discharge, they were entitled to be paid the fair and reasonable value of the services which they had rendered upon the basis of a quantum meruit. Application of Krooks, 257 N. Y. 329, 178 N. E. 548.
A client is at liberty to change his attorney and cancel the contract of retainer whenever he, for any reason, is dissatisfied and desires to do so. He can only do so, however, upon payment for services rendered. In the absence of such payment, the retaining lien remains in force, and the attorney cannot be compelled to surrender the papers in relation to the action in his possession, in the absence of unprofessional conduct on his part.
It is clear that, in the absence of a finding of misconduct, the Special Term would...
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Washington Square Slum Clearance, Borough of Manhattan, City of New York, In re
...client was free, despite the retainer agreement, to terminate the attorney-client relationship at any time he chose. See Matter of Weitling, 266 N.Y. 184, 194 N.E. 401. At best, therefore, the respondent obtained a potential and inchoate interest, for he had the right neither to receive any......
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First National Bank of Cincinnati v. Pepper
...no right to a retaining lien upon the papers of a former client in his possession in order to exact payment. See Matter of Weitling, 266 N.Y. 184, 187, 194 N.E. 401 (1935); Kent v. Baker, 31 Misc.2d 840, 221 N.Y.S.2d 471, 472 (Sup.Ct. Nassau County 1961); Kaplan v. Kaplan, 65 N.Y.S.2d 677, ......
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Lyons v. Lyons
...disqualification should not be decided on the basis of conflicting affidavits, but instead a hearing is required. In re Weitling, 266 N.Y. 184, 194 N.E. 401 (1935). However, the prospect of a hearing in this instance leads to a difficult multi-faceted dilemma: how can the court conduct a he......
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Universal Acupuncture Pain v. State Farm Mut., 01 Civ. 7677(SAS).
...no factual dispute. See Hawkins v. Lenox Hill Hosp., 138 A.D.2d 572, 526 N.Y.S.2d 153, 154 (2d Dep't 1988) (citing Matter of Weitling, 266 N.Y. 184, 187, 194 N.E. 401 (1935) ("It is a serious matter to charge an attorney with such unprofessional conduct as will entitle a client to a surrend......
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Table of Cases
...BEFORE TRIAL C-56 In re Weinbaum’s Estate , 51 Misc2d 538, 273 NYS2d 461 (Surr Ct Nassau Co 1966), §§16:275, 16:276 In re Weitling , 266 NY 184, 194 NE 401 (NY 1935), §§16:234, 16:235 In re Will of Davey , 27 Misc3d 182, 897 NYS2d 603 (Surr Ct Madison Co 2010), §2:34 In re Worldcom, Inc. Se......
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Table of Cases
...(2d Cir 1986), §14:793 In re Weinbaum’s Estate , 51 Misc2d 538, 273 NYS2d 461 (Surr Ct Nassau Co 1966), §§16:275, 16:276 In re Weitling , 266 NY 184, 194 NE 401 (NY 1935), §§16:234, 16:235 In re Will of Davey , 27 Misc3d 182, 897 NYS2d 603 (Surr Ct Madison Co 2010), §2:34 In re Worldcom, In......
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Motion Practice
...from the usual rule that an evidentiary hearing is required to determine whether an attorney was discharged for cause [ In re Weitling , 266 NY 184, 194 NE 401 (NY 1935)]. §16:235 Evidentiary Hearing or Trial Must Be Immediate The court’s discretion to grant an evidentiary hearing on issues......
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Motion Practice
...from the usual rule that an evidentiary hearing is required to determine whether an attorney was discharged for cause [ In re Weitling , 266 NY 184, 194 NE 401 (NY 1935)]. §16:235 Evidentiary Hearing or Trial Must Be Immediate The court’s discretion to grant an evidentiary hearing on issues......