Knowledge (XXG)

Withdrawal from representation

Source 📝

22: 437:
during the representation. The attorney must notify the client of the withdrawal prior to ceasing his work on the case, must make a reasonable effort to assist the client in obtaining new counsel, and must cooperate with that new counsel during the transition to the new representation. The attorney must also, on request, deliver the client's file to the client or the client's new counsel.
436:
of information provided by the client during the relationship, except to the extent that the attorney may need to reveal confidences in a lawsuit to recover unpaid fees owed. However, the attorney must refund any portion of the retainer or other fees paid that exceeds what the attorney has earned
402:
An attorney may voluntarily terminate the attorney-client relationship at any time and without reason, if this will not have a material adverse effect on the interests of the client. Even if the withdrawal will be adverse to the client the attorney may still withdraw for a number of reasons:
343:
terminate the representation, while voluntary withdrawal occurs where circumstances permit the attorney to terminate the representation at the attorney's election. Where litigation has been filed and an attorney is representing the client in
265: 339:
terminates a relationship of representing a client. There are two types of withdrawal: mandatory and voluntary. Mandatory withdrawal occurs where a circumstance arises under which an attorney
312: 420:
The client refuses to follow the advice of counsel, or engages in acts relating to the representation without informing the attorney or seeking the attorney's advice.
43: 390:
It is likely that the attorney will be called as a necessary witness as to a contested issue in the proceeding, and that testimony cannot be obtained elsewhere.
305: 94: 298: 66: 73: 370:
arises under which the attorney's continued representation of multiple clients impairs the attorney's obligations to the individuals.
185: 113: 80: 336: 387:
The attorney is in a physical or emotional state that seriously impairs the attorney's ability to continue the representation.
47: 62: 381: 129: 32: 51: 36: 249: 423:
The attorney is engaged with co-counsel of the client's choosing, and is unable to work with that co-counsel.
143: 87: 449: 374: 367: 151: 286: 393:
The attorney discovers that the client is using the attorney's services to further a criminal act.
363:
The attorney determines that he is not competent to continue representing the client in a matter.
411: 242: 225: 162: 432:
Where the attorney withdraws from representation, he has a continuing duty to maintain the
433: 348:, permission of the court must usually be sought in support of an attorney's withdrawal. 356:
There are many circumstances which require that an attorney must withdraw from a case:
443: 329: 193: 158: 417:
The financial burden on the attorney of continuing the representation is too great.
178: 170: 21: 281: 217: 345: 332: 15: 407:
The client is engaged in illegal or fraudulent activity.
380:
Continued representation would violate the rules of
306: 8: 50:. Unsourced material may be challenged and 313: 299: 125: 114:Learn how and when to remove this message 273: 257: 233: 208: 135: 128: 7: 373:The client insists upon advancing a 48:adding citations to reliable sources 14: 63:"Withdrawal from representation" 20: 360:The client fires the attorney. 326:Withdrawal from representation 201:Withdrawal from representation 1: 382:professional responsibility 130:Professional responsibility 466: 428:Rules governing withdrawal 410:The client fails to pay 274:Penalties for misconduct 234:Duties to the profession 398:Voluntary withdrawal 368:conflict of interest 352:Mandatory withdrawal 186:Effective assistance 152:conflict of interest 136:Duties to the client 44:improve this article 287:Judicial misconduct 209:Duties to the court 335:, occurs where an 323: 322: 250:Report misconduct 243:legal advertising 226:adverse authority 124: 123: 116: 98: 457: 315: 308: 301: 163:Competence (law) 126: 119: 112: 108: 105: 99: 97: 56: 24: 16: 465: 464: 460: 459: 458: 456: 455: 454: 440: 439: 434:confidentiality 430: 400: 375:frivolous claim 354: 319: 266:ABA Model Rules 241:Limitations on 144:Confidentiality 120: 109: 103: 100: 57: 55: 41: 25: 12: 11: 5: 463: 461: 453: 452: 442: 441: 429: 426: 425: 424: 421: 418: 415: 408: 399: 396: 395: 394: 391: 388: 385: 378: 371: 364: 361: 353: 350: 321: 320: 318: 317: 310: 303: 295: 292: 291: 290: 289: 284: 276: 275: 271: 270: 269: 268: 260: 259: 258:Sources of law 255: 254: 253: 252: 246: 245: 236: 235: 231: 230: 229: 228: 224:Disclosure of 221: 220: 216:Disclosure of 211: 210: 206: 205: 204: 203: 197: 196: 189: 188: 182: 181: 174: 173: 166: 165: 155: 154: 147: 146: 138: 137: 133: 132: 122: 121: 28: 26: 19: 13: 10: 9: 6: 4: 3: 2: 462: 451: 448: 447: 445: 438: 435: 427: 422: 419: 416: 413: 409: 406: 405: 404: 397: 392: 389: 386: 383: 379: 376: 372: 369: 365: 362: 359: 358: 357: 351: 349: 347: 342: 338: 334: 331: 330:United States 327: 316: 311: 309: 304: 302: 297: 296: 294: 293: 288: 285: 283: 280: 279: 278: 277: 272: 267: 264: 263: 262: 261: 256: 251: 248: 247: 244: 240: 239: 238: 237: 232: 227: 223: 222: 219: 215: 214: 213: 212: 207: 202: 199: 198: 195: 194:fee splitting 191: 190: 187: 184: 183: 180: 176: 175: 172: 168: 167: 164: 160: 159:Due diligence 157: 156: 153: 149: 148: 145: 142: 141: 140: 139: 134: 131: 127: 118: 115: 107: 96: 93: 89: 86: 82: 79: 75: 72: 68: 65: –  64: 60: 59:Find sources: 53: 49: 45: 39: 38: 34: 29:This article 27: 23: 18: 17: 450:Legal ethics 431: 401: 355: 340: 325: 324: 200: 179:self-dealing 110: 101: 91: 84: 77: 70: 58: 42:Please help 30: 171:commingling 414:as agreed. 282:Disbarment 74:newspapers 150:Avoiding 31:does not 444:Category 337:attorney 104:May 2019 218:perjury 88:scholar 52:removed 37:sources 192:Avoid 177:Avoid 169:Avoid 90:  83:  76:  69:  61:  346:court 328:, in 95:JSTOR 81:books 412:fees 341:must 161:and 67:news 35:any 33:cite 333:law 46:by 446:: 366:A 384:. 377:. 314:e 307:t 300:v 117:) 111:( 106:) 102:( 92:· 85:· 78:· 71:· 54:. 40:.

Index


cite
sources
improve this article
adding citations to reliable sources
removed
"Withdrawal from representation"
news
newspapers
books
scholar
JSTOR
Learn how and when to remove this message
Professional responsibility
Confidentiality
conflict of interest
Due diligence
Competence (law)
commingling
self-dealing
Effective assistance
fee splitting
Withdrawal from representation
perjury
adverse authority
legal advertising
Report misconduct
ABA Model Rules
Disbarment
Judicial misconduct

Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.