Withdrawal Flashcards
Permissive withdrawal
Under the ABA and CA rules, a lawyer may withdraw from representation when: 1) the client fails to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw or 2) client persists in action that involving the lawyer’s services that the lawyer reasonably believes is fraudulent or criminal or 3) client has used the lawyers services for fraud or a crime and 4) lawyer finds repugnant or fundamental disagreement.
in CA, a lawyer may withdraw if: continuing the representation will likely violate an ethical rule.
UNDER BOTH CA AND ABA, AN ATTORNEY MUST OBTAIN THE COURT’S APPROVAL TO WITHDRAW AFTER A LAWSUIT HAS BEEN FILED.
Mandatory withdrawal
An attorney must withdraw if fired, the representation will result in a violation of an ethics rule or law, continuing would violate a law (crime/fraud) or ethical rule, a mental or physical condition prevents the attorney from undertaking effective representation. CA - bringing an action without probable cause or maliciously injure another.
UNDER ABA AND CA, a lawyer must obtain the court’ approval to withdraw after a lawsuit has been filed.
Duty to client after withdrawal
Upon termination, a lawyer has a duty to 1) timely notify the client 2) promptly return unspent fee and expense advances 3) return all client’s property and papers, even attorney work product.
