Ending an engagement with a lawyer
In New York, a client can generally discharge a lawyer at any time, with or without a reason. What changes with the reason is the fee: a lawyer discharged without cause is usually entitled to the fair value of the work already done, and in a case that later produces a recovery, that claim can attach to the proceeds. A lawyer discharged for good cause may lose the right to some or all of the fee. If a lawsuit is pending, the change of counsel has to be formally recorded with the court, usually by a signed consent or a court order, and the outgoing lawyer may in some situations hold the file until fees are addressed or a court decides. New York also runs a fee dispute arbitration program that covers many disagreements between clients and lawyers.
Ending an engagement with a broker or other professional
Exclusive listing agreements with real estate brokers usually run for a stated term and may allow early termination only on notice or for specific reasons. Many include a provision that still entitles the broker to a commission if a buyer the broker introduced during the term buys later. Accountants, consultants, and property managers often work under engagement letters with their own notice and payment terms. Read the termination clause before sending a message, because an informal notice may not satisfy it.
Making the transition
Gather the engagement letter, invoices, and payment records, and write down what work is pending and which deadlines are coming. Before ending a lawyer's engagement in an active matter, it is usually wise to line up new counsel first so nothing falls through the gap. Working with you, we review the engagement terms, any fee claim the departing professional may have, and how to transfer the work without losing time on what matters.
