Termination of Lawyer-Client Relationship: In General/Mandatory Withdrawal/Permissive Withdrawal/When Lawyer Must Continue Representation/Protection of Client's Interests on Termination

Question 1

What issues arise with regards to termination of the lawyer-client relationship?

Answer 1

1. Mandatory Withdrawal (and CA distinction)
2. Permissive Withdrawal
3. When Attorney MUST continue representing client
4. Protection of Client’s Interests on Termination

Question 2

In general, when does the lawyer-client relationship terminate?

Answer 2

In General –> lawyer client relationship continues until work is complete

EXCEPTIONS:

1. client fires lawyer;
2. lawyer withdraws from representation

Question 3

Under RPC, when is withdrawal REQUIRED (“Mandatory Withdrawal”)? (3)

Answer 3

1. representation will result in violation of RPC or other law;
2. lawyer’s physical or mental condition MATERIALLY IMPAIRS ability to represent client; OR
3. lawyer is discharged

Question 4

Under California Law, when is withdrawal REQUIRED (“Mandatory Withdrawal”)? (2)

Answer 4

1. lawyer KNOWS or SHOULD KNOW that client is acting:
   (i) without PROBABLE CAUSE; AND
   (ii) to HARASS or MALICIOUSLY INJURE another person; OR
2. representation will result in violation of the Rules of Professional Conduct (but not a violation of other law)

Question 5

Under RPC, when is PERMISSIVE WITHDRAWAL allowed? (7)

Answer 5

1. *withdrawal can be accomplished without MATERIAL ADVERSE EFFECT on interests of client
2. client PERSISTS in course of action involving lawyers services that lawyer REASONABLY BELIEVES is CRIMINAL or FRAUDULENT
3. *client HAS USED lawyer’s services to perpetrate a CRIME or FRAUD
4. client INSISTS upon taking action that lawyer finds REPUGNANT or with which has has a FUNDAMENTAL DISAGREEMENT
5. client FAILS SUBSTANTIALLY to fulfill an obligation to lawyer re: services AND has been given REASONABLE WARNING that lawyer will withdraw unless obligation is fulfilled
6. *representation will result in UNREASONABLE FINANCIAL BURDEN on lawyer
7. other good cause for withdrawal exists

Question 6

Under CA law, when is PERMISSIVE WITHDRAWAL allowed ? (4)

Answer 6

1. client PERSISTS in course of action involving lawyers services that lawyer REASONABLY BELIEVES is CRIMINAL or FRAUDULENT
2. client INSISTS upon taking action that lawyer finds REPUGNANT or with which has has a FUNDAMENTAL DISAGREEMENT
3. client FAILS SUBSTANTIALLY to fulfill an obligation to lawyer re: services AND has been given REASONABLE WARNING that lawyer will withdraw unless obligation is fulfilled
4. other good cause for withdrawal exists
   __________________________

Unlike RPC, these are NO GOOD in CA:
1. withdrawal can be accomplished without MATERIAL ADVERSE EFFECT on interests of client

2. client HAS USED lawyer’s services to perpetrate a CRIME or FRAUD
3. representation will result in UNREASONABLE FINANCIAL BURDEN on lawyer

Question 7

When MUST lawyer continue representation?

Answer 7

When ordered to do so by tribunal, NOTWITHSTANDING good cause for terminating the representation

Question 8

What is the rule w regards to protecting client’s interests on termination?

Answer 8

Upon termination of representation, a lawyer MUST take steps to the extent REASONABLY PRACTICABLE to protect a client’s interests