R 1.16 - Declining or Terminating Representation

Question 1

When shall an attorney not represent or withdraw from representation of the client?

Answer 1

1. if the representation will result in violation of the Rules;
2. the attorney’s physical and mental condition materially impairs the attorney’s ability to represent the client;
   OR
3. when the attorney has been discharged.

Question 2

May an attorney withdraw from representation, when in doing so will result in a material adverse effect on the client?

Answer 2

The attorney may not withdraw.

Question 3

May an attorney withdraw from representation, when the client persists in a course of action involving the attorney’s services that would be criminal or fraudulent?

Answer 3

Yes he may.

Question 4

May an attorney withdraw from representation, when the attorney’s services were used to commit a crime or fraud?

Answer 4

Yes he may.

Question 5

May an attorney withdraw from representation, where the course of action is immoral or where the attorney has a fundamental disagreement?

Answer 5

Yes he may.

Question 6

May an attorney withdraw from representation, where the client has failed to fulfill his obligations and where the attorney has given reasonable warning of withdrawal?

Answer 6

Yes he may.

Question 7

May an attorney withdraw from representation, when it would be financially burdensome on the attorney or rendered unreasonably difficult by the client?

Answer 7

Yes he may.

Question 8

Must an attorney seek permission from the Court for a termination of representation?

Answer 8

Yes.

Question 9

If order by the Court to continue representation, must the attorney comply?

Answer 9

Yes.

Question 10

Once terminated by the client, can the attorney continue working on the matter?

Answer 10

No.

Question 11

When the attorney has been appointed by the Court, can the attorney unilaterally withdraw from representation? If not, what must he attorney do?

Answer 11

No, he must seek permission to terminate representation.

Question 12

Upon termination of the attorney by the client, is the client still liable for the services already rendered by the attorney?

Answer 12

Yes.

Question 13

If the client has a diminished capacity, what must the attorney do?

Answer 13

Assist the client in understanding the consequences and may take reasonably necessary protective action.