Declining/Terminating Lawyer Client Rel. Flashcards

1
Q

What are grounds for mandatory rejection or withdrawal from representation?

A

Will result in violation of RPC

Lawyers physical or mental condition impairs ability to rep

Lawyer is discharged by client

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2
Q

When can a lawyer permissively withdraw?

A

If it can be accomplished without material adverse effect on client interests

If lawyer has good cause

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3
Q

What are good cause reasons for permissive withdrawal from rep?

A

Client persists in illegal/unjust conduct

Client uses lawyer to commit a crime or fraud

Client fails to pay after reasonable warning

Rep is unreasonably difficult because of client

Client insists on action lawyer feels is repugnant or imprudent

Rep will have unreasonable financial burden on lawyer

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4
Q

What does lawyer have to do to terminate relationship with client? What steps must be taken?

A

Give notice to client

Allow time for employment of other counsel

Refund any unearned advances

Return documents

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5
Q

What documents must be returned to client after termination?

A

Original documents that are legal instruments (wills)

Documents provided by client

Copies of all other documents (unless only for internal use)

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6
Q

When must documents be returned on termination ?

A

Upon notice by client and within a reasonable time

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7
Q

Can you withhold documents until bill is paid?

A

No

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