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SMITH v. R.J. REYNOLDS TOBACCO CO.

267 N.J. Super. 62 (1993)

630 A.2d 820

DORIS SMITH AND LEROY SMITH, PLAINTIFFS-APPELLANTS, v. R.J. REYNOLDS TOBACCO COMPANY AND THE AMERICAN TOBACCO COMPANY, DEFENDANTS. BUDD LARNER GROSS ROSENBAUM GREENBERG & SADE, P.C., AND WILENTZ, GOLDMAN & SPITZER, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 9, 1993.

Attorney(s) appearing for the Case

Nancy M. Viso, pro se, submitted a letter brief and reply brief on behalf of appellants.

Riker, Danzig, Scherer, Hyland & Perretti, attorneys for defendant-intervenor R.J. Reynolds Tobacco Company (Jones, Day, Reavis & Pogue, of counsel; Alan E. Kraus on the brief).

Kenney & Kearney, attorneys for defendant-intervenor The American Tobacco Company (Chadbourne & Parke, of counsel; Joseph H. Kenney on the brief).

Budd Larner Gross Rosenbaum Greenberg & Sade, and Wilentz, Goldman and Spitzer, attorneys for respondents, pro se (Donald P. Jacobs on the brief).

Before Judges HAVEY, STERN and BROCHIN.

The opinion of the court was delivered by STERN, J.A.D.

This appeal requires us to consider, for the first time, the standards for permitting an attorney to withdraw, for "an unreasonable financial burden," from litigation commenced under a contingency agreement.

In the spring of 1983, the law firms of Budd Larner Gross Rosenbaum Greenberg and Sade, P.C. (Budd Larner), Wilentz, Goldman and Spitzer (Wilentz), and Porzio, Bromberg and Newman (Porzio) entered...

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