Getting out of the Attorney-Client Relationship

Question 1

When is withdrawal mandatory?

Answer 1

• A laywer must withdraw:

1. If the continued representation will result in a knowing violation of the ethical rules or other law
2. If the lawyer’s mental or physical abilities have become impaired to the extent that the lawyer can no longer represent the client
3. Whenever the lawyer is discharged by the client regardless of the reason

Question 2

In what situations is a lawyer permitted (permissive) to withdraw?

Answer 2

• if any other good reason to withdraw exists
• also can withdraw for whatever reason so long as the withdrawal can be done without materially, adversely affecting the client

Question 3

What is the responsibility of the lawyer upon termination?

Answer 3

1. Must protect the cient’s interest (what is reasonably necessayr)
   
   • return any files back immediately
   • assist in anything that has to be dealt with immediately
   • protect client’s interest
2. If necessary, get permission of the courts
   
   • When the court has taken jurisdiction over the matter

Question 4

HYPO

Attorney has a practice that reviews lease paperwork for a company that buys industrial equipment and then leases it to factories for a profit. Attorney reviews the paperwork and then writes letters to the local bank verifying the ownership of the industrial equipment. The company then buys additional equipment with the credit it receives from the bank based upon these letters. While reviewing the paperwork concerning the latest batch of industrial equipment, Attorney comes to believe that the company is double-using industrial equipment to acquire letters of credit that are not supported by collateral. Can Attorney withdraw?

Answer 4

Yes b/c

• permissive: can withdraw for any reason must protect interest if do so & get ct’s permission if necessary (not case here)
• mandatory: atty learns company using lawyer’s services to violate the law