A lawyer may properly accept employment to handle a matter which has been previously handled by another lawyer, provided that the superseding lawyer has assured himself that the first lawyer has been given notice by the client that his employment has been terminated. As ABA Formal Opinion No. To hold otherwise would be to deny a litigant's right to be represented at all times by counsel of his own selection. Moreover, a superseding lawyer is not responsible for the fees due the superseded one. Any question as to the amount of a lawyer's fee or method of its payment is a matter of contract, express or implied, to be construed as other contracts are construed.
Any controversy concerning such a matter is a matter of law to be determined by the courts.
See ABA Formal Opinion 63. However, the superseded lawyer is entitled to notice so as to enable him to protect his right or lien. ABA Formal Opinion 17. This Opinion was based upon the Canons of Professional Ethics, the predecessor to the Code of Professional Responsibility. While the language of the Rules is somewhat different from the Code and the Canons, the Ethics Committee considers this Opinion to continue to provide guidance to attorneys in this area.