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Waites v. County of Delaware Department of Human Services

United States District Court, E.D. Pennsylvania
Feb 10, 2005
Civil Action No. 03-02965-JF (E.D. Pa. Feb. 10, 2005)

Opinion

Civil Action No. 03-02965-JF.

February 10, 2005


MEMORANDUM AND ORDER


Plaintiff's counsel, Gary S. Auerbach, Esquire, has filed a motion to be permitted to withdraw his appearance for the plaintiff, on the ground that plaintiff has failed to comply with the terms of the retainer agreement between them. On the present state of the record, the request for leave to withdraw will be denied.

In the "Contingent Fee Agreement" (attached as an exhibit to counsel's motion) plaintiff retained two lawyers, Mr. Auerbach and Bruce E. Brownstein. The motion to withdraw does not deal with Mr. Brownstein's representation, or explain why he has not (yet at least) entered an appearance for the plaintiff.

Counsel's motion asserts that plaintiff has breached the Contingent Fee Agreement because she has not (yet) paid costs and expenses incurred by counsel. The Contingent Fee Agreement does contemplate that, in addition to paying a (extremely generous) contingent fee from any recovery achieved, plaintiff is required to pay costs and expenses. But the Agreement is silent as to when such costs and expenses must be paid, and expressly provides that they may be deducted from recoveries achieved. Moreover, plaintiff's explanation that she has become unemployed, and has asked counsel to set up a payment schedule so that she can ultimately defray the costs and expenses (whatever they may be; none are specified) seems entirely reasonable.

On this record, counsel may be relieved of responsibility for completing the task he has undertaken only if (1) plaintiff consents to his withdrawal, or (2) replacement counsel enters an appearance for plaintiff, with plaintiff's consent.

An Order follows.

ORDER

AND NOW, this 10th day of February, 2005, upon consideration of the motion of Gary S. Auerbach, Esquire to withdraw his appearance for plaintiff, IT IS ORDERED:

That the motion is DENIED, without prejudice, in accordance with the accompanying Memorandum.


Summaries of

Waites v. County of Delaware Department of Human Services

United States District Court, E.D. Pennsylvania
Feb 10, 2005
Civil Action No. 03-02965-JF (E.D. Pa. Feb. 10, 2005)
Case details for

Waites v. County of Delaware Department of Human Services

Case Details

Full title:BERNADETTE R. WAITES v. COUNTY OF DELAWARE DEPARTMENT OF HUMAN SERVICES…

Court:United States District Court, E.D. Pennsylvania

Date published: Feb 10, 2005

Citations

Civil Action No. 03-02965-JF (E.D. Pa. Feb. 10, 2005)