Willie M. Holmes, Respondent, v. Y.J.A. Realty Corp. et al., Respondents, and Donald J. Goldman, Appellant, 128 A.D.2d 482

Summary

Attorney was retained to defend clients in a premises liability action. A written retainer agreement was executed when attorney was hired that provided that attorney's legal fees would be billed periodically. After payment was not made on an outstanding itemized bill for a period of five months, despite the clients' ability to pay, attorney filed a motion to withdraw as counsel, claiming that the clients deliberately refused to pay the fees owing and that one that client had verbally berated and abused him with accusations of disloyalty and conflict of interest. The trial court denied the motion and attorney sought review. In reversing the decision and granting the motion to withdraw, the court held that attorney established that the clients had rendered it unreasonably difficult for him to carry out his employment effectively under N.Y. Jud. App., Code Prof. Resp. DR 2-110(C)(1)(d), and that the clients had deliberately disregarded the fee agreement under N.Y. Jud. App., Code Prof. ...