Withdrawal Flashcards
1
Q
Mandatory Withdrawal
A
Withdrawal is mandatory if:
- the representation will result in violation of the RPC or other law,
- the lawyer’s physical or mental condition substantially impairs (in CA = unreasonably difficult (if only “difficult” then permissive withdrawal) the lawyer’s ability to represent the client, or
- the lawyer is discharged by the client.
- ONLY CA: when lawyer knows or should reasonably know that client is bringing action without probable cause and for purpose of harassing or maliciously injuring any person.
2
Q
Permissive withdrawal (ABA)
A
- The client persists in a course of action that the lawyer reasonably believes is criminal or fraudulent,
- the client has used the lawyer’s services to perpetrate a crime or fraud,
- the clients fails 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
- The representation has been rendered unreasonably difficult by the client,
- The representation will result in an unreasonable financial burden on the lawyer
- Withdrawal can be accomplished without material adverse effect on the interests of the client
- Other good cause for withdrawal exist
3
Q
Permissive withdrawal (CA)
A
- The client persists in a course of action that the lawyer reasonably believes is criminal or fraudulent,
- the client has used the lawyer’s services to perpetrate a crime or fraud,
- the clients fails 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
- The representation has been rendered unreasonably difficult by the client,
- The client knowingly and freely assents to termination of representation
- A continuation of the representation is likely to result in a violation of the Cal. RPC
- The client insists on presenting a frivolous claim or defense
