Termination of Lawyer-Client Relationship Flashcards
Permissive Withdrawal
Under the ABA Rules and CA Rules, a lawyer has a duty to act on behalf of a client with reasonable diligence and promptness and must see the matter through to completion. However, the lawyer may withdraw from the case if: (a) the withdrawal would not have a material adverse effect on the client’s interest or (b) there is a good cause for withdrawal. Good cause may include situations where:
- Client persists in a course of conduct involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent;
- Client has utilized the lawyer’s services in furtherance of a crime or fraud;
- The client’s course of conduct is repugnant to the lawyer or is something the lawyer fundamentally disagrees with
- The client has failed substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled.
- Continuing the representation would cause a substantial financial burden on the lawyer or the representation has been made unreasonably difficult by the client
Mandatory Withdrawal
A lawyer must withdraw from the representation when he is discharged by his client or the lawyer’s mental or physical abilities are materially impaired.
Lawyer withholds legal services until he’s paid
Under the ABA Rules and CA Rules, a lawyer has a duty to act on behalf of a client with reasonable diligence and promptness and must see the matter through to completion. However, the lawyer may withdraw from the case if the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services (e.g., failing to pay legal fees) and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled.
- Is lawyer actually withdrawing or merely withholding services to force his client to pay unpaid bills?
- If withdrawal is reasonable, lawyer than file motion to withdraw
Lawyer refuses to return files until paid
Upon termination of representation, a lawyer must take steps reasonably practicable to protect the client’s interests, which includes:
* surrendering papers and property to which the client is entitled,
* giving notice of the termination to the client,
* returning any unearned payments that were advanced, and
* providing the client with reasonable time to find another lawyer.
