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Lawyers from West Chester-based law firm MacElree Harvey cannot get out of representing clients who haven't remained current on their legal bills, the Commonwealth Court has ruled.

A three-judge panel in Dovin v. Sweitzer affirmed a lower court's decision that the lawyers must continue their representation of Paul and Jean Dovin in their case over property damage caused by storm runoff.

According to Judge P. Kevin Brobson's May 13 opinion, the firm claimed the Dovins had owed the firm $103,646 since the end of 2018. The Dovins argued that they already paid the firm $99,700 in fees, including a lump sum payment of $50,000 on July 12, 2018, and have been making regular monthly payments of $1,000 on their outstanding balance.

The Berks County trial court heard argument in the matter. Attorney J. Charles Gerbron of MacElree Harvey said it was "certainly true that the Dovins have paid [appellants] a lot of money," but continuing work with the $100,000-plus balance would be a hardship for the firm. He also argued that, given the pendency of the appeal, he believed the firm wouldn't be abandoning its clients on the eve of trial.

However, the Berks County judge denied the firm's request to exit the case. On appeal, the firm argued the trial court abused its discretion in denying the request because the Dovins failed to pay what was owed, the firm gave them adequate notice of its intent of withdrawal, and that its withdrawal would not delay the case.

Brobson quoted the trial court's opinion at length to support the Commonwealth Court's affirmance of the ruling:

"[The Dovins] are paying their counsel fees monthly. … Both [the Dovins] and [appellants] agree that [the Dovins] do not have sufficient funds for a retainer to hire another attorney at this time," the trial court said. "Thus, [the Dovins] would have been prejudiced if this [trial] court had allowed [appellants] to withdraw at this time.

"[Appellants] obtained a very large lump sum payment of $50,000.00 from [the Dovins] in July 2018," the trial court continued. "This is nearly four years into the approximately five years of ongoing litigation; instead of applying that payment to the purpose of their litigation, [appellants] apparently convinced [the Dovins] to file an appeal to the Commonwealth Court less than 30 days after [appellants'] receipt of the $50,000.00. Six months later, just eight days after the Commonwealth Court quashed their interlocutory appeal on January 17, 2019, [appellants] were apparently no longer satisfied with that $50,000.00 lump sum payment and the monthly payments. [Appellants] then filed [their p]etition to [w]ithdraw on January 25, 2019."

Gerbron did not respond to a request for comment.