In Hyros, Inc. v. Marcum, LLP, Index No. 653718/2023 the court upheld Marcum LLP’s right to terminate its contractual relationship with its client pursuant to either of the two clauses in Marcum LLP’s engagement letter: (i) “the right to terminate [the] services at any time” and (ii) [Marcum] “may resign from the engagement prior to completion.”
With respect to the second clause, the court interpreted the word “may” as most of us would interpret it–a right, not an obligation, to resign.
With respect to the first clause (the right to terminate at any time), we suggest that such right would be further strengthened if that clause was followed by the phrase: “and for any reason.” Thus, in its entirety the clause would state “the right to terminate at any time and for any reason.”