Law Summary
Amendment of Section 24
- Explanation: This section addresses the retirement of attorneys from legal actions or special proceedings and the rights of clients to dismiss or substitute their attorneys.
- Key Definitions:
- Retirement of Attorney: The act of an attorney withdrawing from representation in a case.
- Client: The individual or entity who has engaged the attorney’s services.
- Important Requirements/Procedures:
- An attorney can retire:
- With written consent from the client, which must be filed in court.
- Without client consent, if permitted by the court after notifying both parties and conducting a hearing.
- Upon an attorney's retirement, the name of a newly employed attorney must be entered on the court docket, and notice of this change must be given to the adverse party.
- An attorney can retire:
- Relevant Timeframes/Deadlines:
- No specific timeframes are mandated for the retirement process; however, the court must provide notice and conduct a hearing in cases where the attorney retires without client consent.
Client's Right to Dismiss Attorney
- Explanation: Clients have the right to dismiss their attorney or substitute another at any time.
- Key Definitions:
- Dismissal: The act of terminating the services of the current attorney.
- Justifiable Cause: A valid reason for the dismissal of an attorney.
- Important Requirements/Procedures:
- If the attorney's employment was formalized in a written contract and the dismissal lacks justifiable cause, the attorney is entitled to the full compensation specified in that contract.
- The attorney will have a lien on any judgments or executions for payment rendered in the case where the attorney's services were utilized.
Attorney's Compensation and Lien
- Explanation: Establishes the rights of an attorney to claim compensation and enforce a lien under specific circumstances.
- Key Definitions:
- Lien: A legal right or interest that an attorney has in the client's judgment until the obligation is satisfied.
- Important Requirements/Procedures:
- Attorneys must ensure that their compensation agreements are documented in writing to enforce their right to claim fees.
- Consequences:
- Failure to provide justifiable cause for dismissal could lead to financial liability for the client regarding attorney fees.
Effective Date
- Explanation: This act will take effect immediately upon approval.
- Important Details:
- The enactment was approved on June 9, 1951, which marks the date of its immediate effect.
Key Takeaways
- Attorneys can retire from cases with or without client consent, subject to court approval in the latter case.
- Clients maintain the right to dismiss their attorneys at any time, although they must be cautious about contractual obligations regarding compensation.
- The attorney retains a lien on any judgments for payment related to their services, ensuring a mechanism for compensation recovery.
- The law became effective immediately upon approval, which facilitates prompt adherence and application by legal practitioners.