Here is the story of an attorney who is retained to commence an underinsured motorist arbitration against an auto insurance carrier.  Apparently he makes the claim for arbitration, becomes suspended from the practice of law, (later disbarred) and watches while another attorney settles the claim for the clients.  is he due a fee, and did the other attorney violate JL 487?

As to the JL 487 claim, there was no violation.  We cannot tell anything about the JL 487 claim because the AD’s entire decision on this issue is:  "The Cassar defendants also showed that the plaintiff does not have a cause of action against them pursuant to Judiciary Law § 487 (see Judiciary Law § 487)."

As to attorney fees after termination, some explanation was given:

"In addition, the court properly determined that the plaintiff was not entitled to any attorney’s fees from the Pogue defendants. A client has the right to discharge his or her attorney at any time (see Campagnola v Mulholland, Minion & Roe, 76 NY2d 38, 43; Schultz v Hughes, 109 AD3d 895, 896; Doviak v Finkelstein & Partners, LLP, 90 AD3d 696, 698). While an attorney who is discharged without cause before the completion of services may recover the reasonable value of his or her services in quantum meruit, an attorney who is discharged for cause is not entitled to any compensation or lien (see Campagnola v Mulholland, Minion & Roe, 76 NY2d at 44; Doviak v Finkelstein & Partners, LLP, 90 AD3d at 699; Callaghan v Callaghan, 48 AD3d 500, 500-501). Here, the court held a hearing pursuant to 22 NYCRR 603.13(b) with respect to the plaintiff’s cross motion for attorney’s fees. The court determined that the plaintiff was properly discharged for cause, and, therefore, was not entitled to recover in quantum meruit. The plaintiff does not argue that the evidence at the hearing was insufficient to support the court’s determination. Thus, the evidence submitted by the Pogue defendants disproved the essential allegation of the complaint, i.e., that the plaintiff was not properly discharged for cause, and established that the plaintiff does not have a cause of action to recover attorney’s fees from the Pogue defendants (see generally Campagnola v Mulholland, Minion & Roe, 76 NY2d 38; Schultz v Hughes, 109 AD3d 895; Doviak v Finkelstein & Partners, LLP, 90 AD3d 696). Therefore, the Supreme Court properly dismissed the complaint insofar as asserted against the Pogue defendants."