Termination of the Lawyer-Client Relationship

Question 1

Mandatory Withdrawal

Answer 1

Withdrawal is mandatory if:

1) the representation will result in a violation of RPC
2) the lawyer’s mental or physical condition materially impairs his ability to represent the client
3) the lawyer is discharged

Question 2

Permissive Withdrawal

Answer 2

a. It can be accomplished without material adverse effect on client.
b. Client has used lawyer’s services to perpetuate a crime or fraud, or persists in action that the lawyer reasonably believes is criminal or fraudulent.
c. Client’s objective is repugnant to lawyer.
d. Client fails substantially to fulfill an obligation to lawyer and has been given reasonable warning that the lawyer will withdraw.
e. Representation results in an unreasonable financial burden or is rendered unreasonably difficult by client.
f. Client gives informed consent to withdrawal.
g. Lawyer sells the law practice.
h. Other good cause.

Question 3

Protection of Client’s Interests on Termination

Answer 3

A lawyer must take steps to the extent reasonably practicable to protect the client’s interests (giving reasonable notice, surrendering paper and property to which the client is entitled)