Holmes v. Y.J.A. Realty Corp.
Appellate Division of the Supreme Court of New York
128 A.D.2d 482 (1987)
In the underlying personal injury suit brought by Holmes, defendants Y.J.A. Realty and Yori Abrahams had retained attorney Donald Goldman (plaintiff) under a fee agreement billing $125 hourly for office work and $400 daily for court appearances, but after three years of pending litigation with no notes of issue yet filed, Y.J.A. and Abrahams refused to pay an outstanding balance of $2,275.30 despite Goldman's demand. Goldman moved to withdraw as counsel, and the trial court denied the motion.
Whether an attorney is entitled to withdraw from representation when the client refuses to honor the parties' fee agreement, so long as withdrawal would not cause prejudicial delay in the litigation.