Chapter 10 - Withdrawal from Representation

Question 1

When can a lawyer withdraw from representing a client?
(2)

65L

Answer 1

1. For good cause - i.e. there has been a serious loss of confidence between the lawyer and the client
2. On reasonable notice to the client - after reasonable notice, the client fails to provide a retainer or pay fees or disbursements and no serious prejudice to the client

Question 2

The lawyer must have a legitimate reason to withdraw and must provide good amount of time or advance warning.

The way in which lawyer informs depends on what 3 factors?

65L

Answer 2

1. Type and stage of the matter
2. Individual client
3. Client’s needs and expectations

Question 3

What section of the RPC deals with lawyer’s obligations when withdrawing?

Answer 3

S.3.7 of RPC

Question 4

Rule for Good Cause and Reasonable Notice

Answer 4

R. 3.7-1

Question 5

What are 4 examples of factors to assess regarding whether a lawyer has good cause for withdrawal

Answer 5

1. Nature and stage of the matter
2. Relationship with the client
3. lawyer’s expertise and experience
   Any harm or prejudice to the client that may result from the withdrawal

Question 6

What is an essential element of reasonable notice

65L

Answer 6

Notification to the client, unless the client can’t be located after reasonable efforts

Question 7

T/F

Where there is good cause, a lawyer is permitted to withdraw from representation if the lawyer can give the client reasonable notice of the withdrawal

Answer 7

True

Question 8

What does serious loss of confidence mean?

65R

Answer 8

Trust between the lawyer and client has diminished such that it becomes very difficult for the lawyer to properly serve the client and have a functional lawyer-client relationship

Question 9

What are some examples of a serious loss of confidence?

Answer 9

• When client deceives the lawyer
• Where client refuses to accept and act on lawyer’s advice on a significant point
• client being persistently unreasonable or uncooperative in a material respect
• material breakdown in communications
• lawyer’s difficulty in obtaining adequate instructions from client

Question 10

T/F

When faced with a serious loss of confident the lawyer should threaten to withdraw legal services to force the client to make a quick decision on a matter

66L

Answer 10

FALSE

Even when faced with a serious loss of confidence, the lawyer should not threaten to withdraw legal services to force the client to make a quick decision on a difficult question or matter.

Question 11

When faced with a serious loss of confidence what should the lawyer do regarding withdrawal (2)

Answer 11

Lawyer must give the client reasonable notice of withdrawal.

Lawyer should protect client’s interests to the best of the lawyer’s ability, and notify court, opposing parties and others directly affected by withdrawal without indicating the reasons for the withdrawal UNLESS justified

Question 12

Non-payment of fees R.3.7-3

Unless ______ , a lawyer may withdraw from representing a client for nonpayment of fees

66L

Answer 12

A lawyer may withdraw from representing a client for nonpayment of fees UNLESS serious prejudice would result from the withdrawal.

Question 13

Where immediate withdrawal would result in serious prejudice to the client, the lawyer must do what?

66L

Answer 13

The lawyer must continue to act for the client competently and diligently even if the fees remain unpaid. Once the risk of prejudice has passed, the lawyer can withdraw for non-payment of fees.

Question 14

Before lawyer can withdraw for non-payment of fees, what must the lawyer do

Answer 14

The lawyer has to notify the client that payment of outstanding fees is required and failure to remit payment within reasonable and defined time will result in ending of retainer.

Question 15

Withdrawal from criminal proceedings:

Whether a lawyer will be permitted to withdraw depends upon the interval between (2)

Answer 15

1. The withdrawal - the time and date when the lawyer intends to stop acting for the client; and
2. The trial: the time and date the client’s trial begins

Question 16

T/F

A lawyer acting in a criminal matter may withdraw for non-payment of fees or some other adequate cause if the interval between the withdrawal and the trial of the matter is enough to allow client to retain other rep and to allow the legal representative enough time for prep.

66R

Answer 16

True

Question 17

T/F

Even when lawyer withdraws due to a serious loss of confidence between the lawyer and client, the lawyer must not tell the court or prosecutor reasons for withdrawal or disclose any confidential client info

Answer 17

True

Question 18

If interval between trial date and the intended withdrawal isn’t sufficient to allow client to retain new legal rep or to allow a new legal rep to prepare for trial, a lawyer acting in a CRIMINAL matter may withdraw when?

Answer 18

For adequate cause other than no-payment of fees ONLY with permission of court

67L

Question 19

Where the lawyer know an app to the court for leave to withdraw is required, what should the lawyer do?

Answer 19

Promptly inform Crown counsel and the court of the intention to apply for leave to minimize any inconvenience to the court and witnesses.

Question 20

What are three circumstance in which even if the lawyer or client wishes to continue the retainer but they can’t?

67L

Answer 20

1. Client has discharged the lawyer, regardless of reason
2. Client’s instructions require lawyer to act contrary to the Rules or by-laws
3. Lawyer is not competent to continue to handle the matter

Question 21

The Rule provide that when a lawyer leaves a firm, the lawyer and the remaining lawyers must do what 3 things:

Answer 21

1. Ensure that “affected clients” are given reasonable notice that the lawyer is leaving the firm
2. Advise the affected clients of their options for retaining other representation to handle their legal matters; and
3. Take reasonable steps to get instructions from each of the affected clients as to whom each wishes to retain to act in such matters.

Question 22

When a lawyer leaves, what is a preferable route for the departing lawyer and remaining lawyers to ensure that affect clients receive necessary info

Answer 22

Prepare a joint notification setting out the info. Where the joint notification isn’t feasible the lawyers should consider:

1. The extent of the departing lawyer’s work for the affected client
2. The affect client’s relationship with other lawyers in the firm; and
3. Access to the affected client’s contact info

67R

Question 23

When a lawyer withdraws from representing a client, the lawyer must try to do what 3 things

68L

Answer 23

1. Try to minimize expense
2. Avoid prejudice to the client
3. Do all that can reasonable be done to assist in smooth transfer of matter to successor legal practitioner

Question 24

When a lawyer withdraws or is discharged, the lawyer must do what (6)

Answer 24

1. Notify client in writing
2. Deliver all papers and property to which client is entitled
3. Give client all info required in connection with case
4. Account for all funds of client
5. Promptly render account for outstanding fees + disb
6. Cooperate with successor legal practitioner