J. M. Heinike Associates, Inc., Appellant, v. Liberty National Bank et al., Defendants. (Action No. 1.); Sunny F. Andes, Plaintiff, v. James Heinike, Appellant, and Edward C. Cosgrove, Respondent. (Action No. 2.), 142 A.D.2d 929

The client entered into an agreement with the attorney, which provided that the client would immediately pay the attorney a retainer to represent him and his corporation in pending litigation. The agreement also provided that the attorney had the right to withdraw from representation at any time and retain the fee as a special retainer. If the attorney did withdraw, he was required to provide the client an explicitly detailed basis for the withdrawal. Subsequently, after representing the client for four years, the attorney moved for permission to withdraw. The attorney did not provide any details as to the reasons for his motion, and the client averred that the attorney's withdrawal would prejudice him in the pending litigation. The client appealed the grant of the motion. The court held that the language of the retainer agreement requiring "an explicitly detailed basis" for the attorney's withdrawal had to be construed as requiring "good and sufficient cause" for withdrawal. The court...