In Zito v. Fischbein Badillo Wagner Harding , Robert Zito sued his former employer for unpaid compensation and retained the firm of Nimkoff Rosenberg & Schechter (Nimkoff) to represent him on a contingency-fee basis.
In December 2007, Nimkoff sought to withdraw from the case -- after the parties' relationship supposedly deteriorated and the client allegedly failed to pay for disbursements as required by the parties' written retainer agreement -- and asserted a "retaining lien" (which should have permitted Nimkoff to hold onto the client's files until all monies due were remitted).
On March 7, 2008, the New York County Supreme Court wasn't receptive to the retaining lien claim but permitted the firm's withdrawal and directed that a referee determine the amounts owed. Several days later, Zito asked Nimkoff to relinquish its case file and an appeal to the Appellate Division, First Department, followed.
Since the firm hadn't been discharged for cause, the AD1 was of the view the lawyers didn't have to surrender their former client's papers until such time as their bill was paid.
Did that retain your attention?
To download a copy of the Appellate Division's decision, please use this link: Zito v. Fischbein Badillo Wagner