6. Ending the Relationship with a Client

Question 1

When does a lawyer’s representation of a client ordinarily continue?

Answer 1

Until the completion of the matter.

Question 2

What should a lawyer do regarding all matters undertaken for a client?

Answer 2

Carry to conclusion all matters unless the relationship is terminated earlier.

Question 3

How does the resolution of a matter affect the lawyer-client relationship?

Answer 3

It terminates the relationship when the client employed the lawyer only for the specific matter.

Question 4

What can indicate that the lawyer-client relationship may continue?

Answer 4

The lawyer has represented the client for a substantial period on various matters without notice of withdrawal.

Question 5

What should a lawyer do to clarify doubts about the status of the relationship?

Answer 5

Preferably clarify in writing.

Question 6

1. Declining or Terminating Representation

Mandatory Withdrawal: A lawyer must withdraw if:

Answer 6

1. Continuing the representation will result in a violation of the law or rules of professional conduct.
2. The lawyer is physically or mentally impaired and cannot effectively represent the client.
3. The lawyer is discharged by the client.

Question 7

1. Declining or Termination Representation

Under what condition may a lawyer withdraw permissively from employment?

Answer 7

If withdrawal can be accomplished without a material adverse effect on the client’s interests.

Question 8

1. Declining or Terminating Representation

List reasons a lawyer may permissively withdraw from representing a client.

Answer 8

1. Client persists in criminal/fraudulent conduct
2. Client uses services to perpetrate a crime or fraud
3. Client insists on pursuing a goal considered repugnant or imprudent.
4. Client fails to fulfill an obligation to the lawyer (e.g., paying fees) and has been given reasonable notice of the lawyer’s intention to withdraw.

Question 9

1. Declining or Terminating Representation

Duties Upon Withdrawal:

Answer 9

1. Provide reasonable notice to the client to allow time for the client to find other counsel.
2. Surrender papers and property to which the client is entitled.
3. Protecting the Client’s Interests
4. Refund any unearned portion of fees or expenses.

Question 10

2. Duties to the Client Upon Termination

Reasonable Notice

Answer 10

The lawyer must provide enough notice for the client to secure alternative legal representation.

Question 11

2. Duties to the Client Upon Termination

Surrendering Client Property

Answer 11

A lawyer must return all client documents, property, and materials that belong to the client.

This includes legal files and any evidence in the lawyer’s possession, even if the client owes fees.

Question 12

2. Duties to the Client Upon Termination

Protecting the Client’s Interests

Answer 12

The lawyer must take all reasonable steps to ensure that the client’s interests are protected upon termination of representation.

This may include:
-Filing motions to extend deadlines or continue proceedings.
-Helping the client transition to new counsel.

Question 13

2. Duties to the Client Upon Termination

Refunding Unearned Fees

Answer 13

If the client has paid in advance for services that were not rendered, the lawyer must promptly refund the unearned portion of the fees.

Question 14

3. Communication During Termination

GRPC 1.4-Communication

A lawyer must:

Answer 14

Keep the client informed about the status of the case during the termination process.

Communicate any implications of the withdrawal or termination.

Question 15

3. Communication During Termination

GRPC 4.2-Communication with Represented Parties

Answer 15

Once the lawyer withdraws, they cannot contact the former client if the client becomes represented by another lawyer.

Question 16

4. Prohibition Against Prejudicing the Client

GPRC 1.3-Diligence

Answer 16

A lawyer must not take actions that will materially harm the client’s case when withdrawing or ending representation.

Question 17

4. Prohibiting Against Prejudicing the Client

GRPC 3.2-Expediting Litigation

Answer 17

A lawyer must avoid actions that unnecessarily delay or prejudice the case while transitioning representation.

Question 18

5. Court Approval for Withdrawal

What must a lawyer do if the tribunal requires permission for withdrawal?

Answer 18

Obtain permission from the tribunal before withdrawing.

Question 19

5. Court Approval for Withdrawal

What should a lawyer do if ordered by a tribunal to continue representation?

Answer 19

Continue representation even if good cause for termination exists.

Question 20

6. Discharge by the Client

Client’s Right to Discharge Lawyer

Answer 20

A client has the absolute right to discharge a lawyer at any time, with or without cause.

Question 21

6. Discharge by the Client

Client’s Right to Discharge Lawyer(Exceptions)

Answer 21

The client may be liable for paying any earned fees or expenses incurred by the lawyer up to the point of discharge.

In contingency fee cases, the lawyer may have a quantum meruit claim for the reasonable value of services rendered before termination.

Question 22

7. Termination in Contingency Fee Cases
8. Reasonable Compensation

Answer 22

If the lawyer is discharged before the case concludes, the lawyer may claim reasonable compensation based on the value of services provided (quantum meruit), unless the discharge was for cause.

Question 23

7. Termination in Contingency Fee Cases
8. Lien for Attorney’s Fees

Answer 23

Under Georgia law, a discharged lawyer may have a lien on any recovery obtained in the case to secure payment of outstanding fees.