Rule 1.16: Declining or Terminating Representation Flashcards
What does Rule 1.16 explain?
Outlines when a lawyer MUST OR MAY withdraw from representing a client, as well as the lawyer’s responsibilities when ending representation
Under Rule 1.16(a): When MUST a lawyer decline or withdraw from representation? (MANDATORY) (4)
(a)(1): Representation would violate Rules of Professional Conduct OR The Law
(a)(2): The Lawyer is physically or mentally unable to represent the client
(a)(3): The Client FIRES the Lawyer
(a)(4): The Lawyer IS USING or INSISTING to use the lawyer’s services to commit a crime or fraud
Under Rule 1.16(b): When MAY a lawyer withdraw from representation? (PERMISSIVE)(7)
(b)(1): It wont harm the client’s interests
(b)(2): The client engages in criminal or fraudulent conduct
(b)(3): The client used the lawyer’s services to commit fraud or a crime
(b)(4): The client insists on actions the lawyer finds morally objectionable
(b)(5): The client fails to meet financial obligations
(b)(6): The representation is an unreasonable financial or practical burden
(b)(7): Other good cause exists
Under Rule 1.16(c), Can a lawyer still withdraw even though the court tells him to continue in representation?
NO: If the court orders the lawyer to continue representation, the lawyer MUST comply, even if they have good reason to withdraw
Under Rule 1.16(d): What Duties must Lawyer take upon Termination? (5)
- Give reasonable notice to client
- Allow time for the client to find a new lawyer
- Return the client’s papers and property
- Refund any unearned fees or expenses
- The lawyer may keep some documents as allowed by law
What does Comment 4 & 5 State about Client Terminating Representation at any time? What should the lawyer do if so?
Client can terminate with or without cause BUT
Lawyer Should give client full explanation of consequences and how terminating you could negatively effect them
