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Problems in Legal Ethics Keyed to Schwartz, 14th Ed.
Holmes v. Y.J.A. Realty Corp.
Citation:
128 A.D.2d 482, 513 N.Y.S.2d 415 (1987)Facts
Willie M. Holmes brought a personal injury action against Y.J.A. Realty Corp. and Yori Abrahams after allegedly slipping and falling on a defective step at an apartment building owned by the defendants. Since the defendants had no liability insurance, they independently retained Donald J. Goldman to defend them. A written retainer agreement was executed specifying Goldman’s fees at $125 per hour for office work and $400 per day for court appearances. After providing legal services, Goldman submitted an itemized bill showing a balance due of $2,275.30 after crediting a $3,500 payment. Despite demands for payment over five months, defendants refused to pay despite having the financial ability to do so. Additionally, Abrahams verbally berated Goldman with accusations of disloyalty and conflict of interest. Goldman moved to withdraw as counsel, but the Supreme Court denied his application. Neither the defendants nor the plaintiff opposed Goldman’s motion to withdraw.
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