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McNAMEE, LOCHNER, TITUS & WILLIAMS v. HIGHER EDUC.

No. 637, Dockets 94-7541, 94-7543.

50 F.3d 120 (1995)

McNAMEE, LOCHNER, TITUS & WILLIAMS, P.C., Plaintiff-Counter-Defendant-Appellee and Cross-Appellant, v. HIGHER EDUCATION ASSISTANCE FOUNDATION, Defendant-Counter-Plaintiff-Appellant and Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 3, 1995.

Attorney(s) appearing for the Case

Scott A. Barbour, Albany, NY (Marc J. Lifset, Kenneth L. Gellhaus, Michael J. Hall, McNamee, Lochner, Titus & Williams, of counsel), for plaintiff-counter-defendant-appellee and cross-appellant.

Marko J. Mrkonich, St. Paul, MN (William M. Tuttle, Oppenheimer Wolff & Donnelly, St. Paul, MN, Robert J. Tracy, Oppenheimer Wolff & Donnelly, New York City, Frederick J. Schreyer, Albany, NY, of counsel), for defendant-counter-plaintiff-appellant and cross-appellee.

Before: VAN GRAAFEILAND, McLAUGHLIN and LEVAL, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This litigation involves the rare and ethically questionable situation of a discharged, law firm suing its former client while at the same time claiming the right to continue its representation of the client. Although the United States District Court for the Northern District of New York (Cholakis, J.) characterized the lawsuit as unseemly and anathema to the court, it held substantially in favor of the law firm. To the extent that...

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