Bowman v. New York City Police Department

Background

Huda Bowman moved to compel her former attorney, Kevin Johnson of Hamra Law Group PC, to produce his case file to her current attorney, John Scola. The motion was unopposed.

Bowman had retained the Hamra Law Group on August 10, 2021, to file a case under 42 U.S.C. § 1983 concerning alleged sexual harassment by her commanding officer. The firm received a $6,000 retainer and a $1,200 additional payment, and agreed to a one-third contingency fee from any recovery. The complaint was filed on May 23, 2023. After the attorney working on the matter left the firm, Bowman discharged Johnson and the firm and retained Scola. Johnson did not sign a discharge-and-substitution agreement or turn over the case file despite repeated requests.

Court’s analysis

The court relied on New York law providing that a lawyer must turn over the case file gathered for a client and return unearned fees when the representation ends. The court stated that Johnson and his firm had been paid and therefore had no lien on the case. A charging lien is a lawyer’s possible claim to payment from a client’s recovery. The court further stated that Johnson’s failure to assert such a lien waived it.

The opinion does not decide the merits of Bowman’s underlying sexual-harassment allegations or her underlying civil-rights case.

Ruling and next steps

The court granted Bowman’s motion to compel, with one exception: Johnson may retain memoranda and drafts he wrote as his legal work product. The court ordered that Bowman receive the case file immediately and stated that it would consider an appropriate sanction if Johnson failed to comply. Counsel were ordered to attend a virtual status conference on April 12, 2024, at 10:00 a.m.