Bowman v. New York City Police Department et al

Filing 37

TURN-OVER ORDER OF CASE FILE, A lawyer must turn over the case-file he has gathered and return any unearned fees when his services are terminated. Sage Realty Corp. v. Proskauer Rose Goetz & Mendelsohn L.L.P., 689 N.E.2d 879,883 (N.Y. 1997); N.Y. Rules of Prof. Conduct § l.16(e). Since Johnson and his law firm has been paid, he has no lien. Although a lawyer whom a client has discharged may assert a charging lien against a potential recovery, see Itar-Tass Russian News Agency v. Russi an Kurier, Inc., 140 F.3d 442,449 (2d Cir. 1998); N.Y. Judiciary Law§ 475, Johnson's non-action waived the lien, see Kaplan v. Reuss, 497 N.E.2d 671,672 (N.Y. 1986). Plaintiff is entitled to the case-file immediately. Should Johnson fail to turn over the file, the court will consider an appropriate sanction. Counsel will attend (virtually) a status conference to be held April 12, 2024 at 10:00 am. SO ORDERED. ( Status Conference set for 4/12/2024 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 3/26/24) (yv)