Termination of lawyer-client relationship

Question 1

Termination Generally

Answer 1

1. relationship continues until work for which lawyer was hired is completed
2. relationship can terminate prematurely if lawyer is fired or withdraws
   i. lawyer must still take reasonably practicable steps to protect the client’s interests

Question 2

MANDATORY WITHDRAWAL

Answer 2

1. mandatory withdrawal or must decline representation if:
   i. representation will result in a violation of law or RPC
   ii. lawyer’s mental or physical condition impairs lawyer’s ability to represent a client
   iii. lawyer is discharged
2. CA mandatory withdrawal if:
   i. lawyer knows or should know the client is acting without probable cause to harass or maliciously injure another person
   ii. representation violates the RPC but not any other law

Question 3

PERMISSIVE WITHDRAWAL- CA vs ABA

Answer 3

CA and ABA:

i. client persists in a course of action the lawyer reasonably believes is criminal or fraudulent
ii. client insists on taking an action that lawyer finds repugnant or fundamentally disagrees
iii. client fails to substantially fulfill an obligation regarding lawyer’s services, after being given a warning that lawyer will withdraw if obligation is unfulfilled
iv. other good cause exists

ABA only

v. withdrawal would not adversely affect the client
vi. client has used lawyer’s services to perpetuate a crime or fraud
vii. representation would place an unreasonable financial burden on the lawyer
2. note: good cause umbrella exists for CA for permissive withdrawal too

Question 4

Permissive Withdrawal - Procedures for withdrawal

Answer 4

i. Timely notice to client
ii. Promptly return unsent fee or expense advances and all client property and material papers.
a. Everything needed to pursue the case, including work product
iii. CA: cannot hold papers hostage until fees are paid

Question 5

NO WITHDRAWAL

Answer 5

1. lawyer must continue representation notwithstanding good cause for termination if orderd to do so