206 Misc. 884 | N.Y. Sup. Ct. | 1954
The plaintiff, in an action for a separation, moves for an order substituting her attorneys of record and to direct them to turn over to her new attorney all data, papers, records, exhibits and pleadings now in their possession pertaining to the aforesaid action. She contends that inasmuch as it was agreed originally by her former attorneys that they would look to the defendant for remuneration for their services rendered to her in such action and they later agreed to sue him for said services as necessaries, they have neither a charging nor a retaining lien. The former attorneys contend that since they have been replaced without cause, they are not limited to recover under the original understanding, but are entitled to recover from their client the reasonable value of the services rendered by them up to the time of their discharge.
In pursuance of this policy our courts have held that an agreement between a wife and her attorneys in a matrimonial action, giving them a percentage or any part of her alimony, is void as against public policy. (Matter of Brackett, 114 App. Div. 257, affd. 189 N. Y. 502; Matter of Dangler, 192 App. Div. 237; Van Vleck v. Van Vleck, 21 App. Div. 272.) This principle applies with equal force to a lump sum settlement in lieu of all future alimony. (Dougherty v. Burger, 133 Misc. 807.)
The question then remains whether under the circumstances presented here the plaintiff’s former attorneys have a retaining lien upon the pleadings and other papers in the action. It has been held that while such pleadings and papers ordinarily have no intrinsic value and refusal to permit the new attorneys to use or inspect them might serve merely to impede such new attorneys in the prosecution of the pending suit, nonetheless, the retaining lien on such papers ‘ ‘ is a valuable right given by law to secure * * * [the attorney] for the payment of the reasonable value of the services which he had rendered as attorney in the action and for all other services rendered for the client. * * * A displaced attorney is thus afforded the same advantage as any other workman who is entitled to retain the things upon which he has worked, until he is paid for his work. ” (Goldman v. Rafel Estates, 269 App. Div. 647, 648-649.)
The principle established by the Brown case (supra) is applicable with equal force to the facts at bar. Having discharged her