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Somuah v. Flachs11/26/1997
contract. This is so for at least three reasons. First, the flexibility of existing choice of law rules often makes it difficult to determine, at first blush, which law will apply to a particular case, and where suit will be brought. Second, the existence of diversity jurisdiction in federal court, and the flexibility of applicable choice of law rules allow for a relatively broad choice of forums in which suit may be brought. Third, the existence of rules in most jurisdictions allowing for a lawyer's special admission to the bar (such as Maryland's rule allowing for admission pro hac vice) means that a lawyer not admitted to practice in the state where suit is filed ultimately may nonetheless be able to participate in that case.
In sum, we hold that a lawyer's failure to inform a prospective client that he is not licensed to practice in the state where suit likely will be brought does not constitute a "cause" for that lawyer's discharge that would preclude compensation for services rendered. Accordingly, even if Ms. Somuah had requested the instruction she advances in this appeal, the failure of the circuit court to give it would not have been error.
II. Denial of Motions for Judgment
During the proceedings below, Ms. Somuah filed both a motion for summary judgment and a motion for judgment. Both motions asserted, inter alia, that Ms. Somuah was entitled to judgment as a matter of law because of the fact that Mr. Flachs did not tell her that he lacked a Maryland license until long after the retainer agreement had been signed; according to Ms. Somuah's motions, Mr. Flachs' failure to make such a disclosure constituted cause for his discharge.
In this appeal, Ms. Somuah argues that the lower court should have granted either motion on that ground. As we explained in the previous section, however, the failure of a lawyer to tell a prospective client that he is not licensed to practice in the jurisdiction where suit likely will be filed does not constitute a cause for discharging that lawyer that would preclude compensation for services rendered. Accordingly, the circuit court's failure to grant either motion on that ground was not error.
JUDGMENT AFFIRMED.
APPELLANT TO PAY THE COSTS.
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