2. The Client-Lawyer Relationship

Question 1

Is a lawyer subject to discipline in the following situation:
* the laywer seeks to withdraw from a frivolous case that would violate the rules of professional conduct
* the judge orders the lawyer to continue
* the lawyer withdraws from the case anyway

Answer 1

When an attorney seeks to withdraw from a case and the court denies the necessary permission, the attorney has to continue the representation.

This is true even if the lawyer attempted to withdraw on a mandatory ground (e.g., when continued representation would require the lawyer to violate the law or rules of professional conduct).

Question 2

May a lawyer withdraw if it would have a material adverse effect on the client?

Answer 2

Yes. A lawyer may withdraw for any reason if it wouldn’t materially harm the client’s interests, but, if another permissive ground is present, the lawyer may withdraw even if it would materially harm the client’s interests.

Question 3

What is always required for a proper fee spliting arrangement between lawyers at different firms?

Answer 3

• the client must agree to the split in writing
• the client must be informed of the share each lawyer will receive
• the total fee must be reasonable

Lawyers from different firms can agree to split a fee if: (i) the split is in proportion to the services performed by each lawyer, OR some different proportion if each lawyer assumes joint responsibility for the matter; (ii) the client agrees to the arrangement, including the share each lawyer will receive, and the client’s agreement is confirmed in writing; and (iii) the total fee is reasonable.

Question 4

Is a lawyer subject to discipline if they fail to inform their client of a low-ball settlement offer and the client later accepts a higher settlement offer?

Answer 4

Yes, if an adversary offers to settle a civil case, or offers a plea bargain in a criminal case, the lawyer must promptly convey the offer to her client unless the client has previously instructed the lawyer that an offer on those terms is acceptable or unacceptable or has authorized the lawyer to accept or reject such an offer.

A lawyer is subject to discipline for violating an ethics rule even when the client isn’t harmed.

A lawyer may delay the transmission of information to a client if the client would be likely to react imprudently to an immediate communication (e.g., client needs time to cool off).