Declining/Terminating Lawyer Client Rel. Flashcards
What are grounds for mandatory rejection or withdrawal from representation?
Will result in violation of RPC
Lawyers physical or mental condition impairs ability to rep
Lawyer is discharged by client
When can a lawyer permissively withdraw?
If it can be accomplished without material adverse effect on client interests
If lawyer has good cause
What are good cause reasons for permissive withdrawal from rep?
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
What does lawyer have to do to terminate relationship with client? What steps must be taken?
Give notice to client
Allow time for employment of other counsel
Refund any unearned advances
Return documents
What documents must be returned to client after termination?
Original documents that are legal instruments (wills)
Documents provided by client
Copies of all other documents (unless only for internal use)
When must documents be returned on termination ?
Upon notice by client and within a reasonable time
Can you withhold documents until bill is paid?
No
