Schafer's Estate

Citations

• 39 Pa. Super. 384
• 1909 Pa. Super. LEXIS 497

Syllabus

<p>Attorney at law — Attorney and client — Dismissal of attorney — Employment of other counsel — Distribution—Jurisdiction.</p> <p>1. Where a client dismisses an attorney at law, it is not necessary that formal notice of dismissal should be given. Any act which shows an intention to sever the relation is sufficient. Thus the employment of other counsel shows an unmistakable purpose to sever relations.</p> <p>2. Where an administrator files an account, and a guardian who had employed the same attorneys as the administrators, objects to the fees of the attorneys as excessive, and employs other counsel to file exceptions and secure their reduction, the employment of other counsel is an implied discharge of the former attorneys; and if the administrator permits the attorneys to retain from the fund ordered to be distributed to the guardian any fees as attorneys for the guardian after the employment of other counsel, the administrator will be compelled to make good to the guardian the amount retained.</p> <p>3. Where the orphans’ court has jurisdiction to make a decree, it has the implied power to enforce it.</p>