C. Termination of Client-Lawyer Relationship Flashcards
1
Q
How can one terminate client-lawyer relationships?*
A
Client fires Lawyer!!!
- For any reason
Mandatory withdrawal!!!
- Lawyer’s physical/mental disability materially impacts Client representation
- Client representation will cause RPC/other law violation
- Client discharges Lawyer (with or with NO reason)
Permissive withdrawal!!!
- Withdrawal has NO material adverse effect on Client’s interest/Client consents + for any reason
- Withdrawal has material adverse effect on Client’s interest BUT severe circumstances that justify such effect + either;
- Client conducts crime/fraud (through Lawyer)!!!
- Client’s objective vs Lawyer’s beliefs
- Client breaks Lawyer’s promise!!!
- Representation has unreasonable financial burden on Lawyer (NOT Client’s failure to pay fees)!!!
- Client NOT co-operating in representation!!!
2
Q
What are the rules for Client firing Lawyer?*
A
Fire with/without cause + anytime!!!
Client is liable to Lawyer in ‘quantum meruit’ for reasonable value of work done
- If maximum value agreed => Only max. value recoverable
- If contingent fee agreement agreed => Only quantum meruit claim recoverable after contingency arises
Court permission required in litigation!!!
- If lawyer substitution would cause undue delay/disruption => Court may deny permission
3
Q
What is required for Lawyer to withdraw?*
A
1) Reasonable notice of withdrawal to Client!!!
2) Opportunity for Client to get another lawyer!!!
3) Refund advances/fees not yet spent!!!
4) Return papers/property to Client!!!
