Declining or Terminating Representation Flashcards
Mandatory Withdrawal (ABA)
A lawyer must withdraw from representing a client if:
* discharged
* a physical or mental condition of the lawyer exists that materially impairs the representation
* the representation would result in violation of an ethics rule or other law.
Mandatory Withdrawal (CA)
In CA, a lawyer must also withdraw if:
* lawyer’s representation will result in violation of rules of professional conduct (!! but not other laws!!)
* lawyer’s physical or mental condition renders it unreasonably difficult to carry out representation effectively, or
* L is discharged by C, or
* frivolous litigation (L knows or reasonably should know C’s action is without probable cause or for purpose of harassing or maliciously injuring a person)
Permissive Withdrawal (ABA and CA)
A lawyer MAY withdraw from representing a client if:
* CL insists on a criminal or fraudulent course of action
* CL has used the lawyer’s services to commit a crime or fraud
* CL fails to substantially fulfill a obligation after rb warning
* Representation has been rendered unrb difficult by the CL OR
* Other good cause exists
Permissive Withdrawal (ABA only)
May also withdraw:
* if withdrawal will not materially damage the client’s interests
* the CL insists upon taking action the lawyer deems repugnant or has a fundamental disagreement with OR
* the representation will rb in an unrb financial burden
Permissive Withdrawal (CA only)
A lawyer MAY also withdraw:
* if the CL insists on a claim, defense, demand that is unwarranted and cannot be supported by a good faith argument
* the CL freely and knowingly consents
* Other good cause
Duty upon withdrawal
The procedure for terminating representation is to first provide the client with reasonable notice before withdrawing, to give the client a reasonable opportunity to obtain new representation. Lawyer must also return client files and property that relate to the lawyer’s representation of the client.
