Withdrawal

Question 1

When is withdrawal mandatory?

Answer 1

1. Conflict of interest
2. Attorney impairment (drug/alcohol abuse)
3. Being discharged/fired
   
   1. Absolute right of the client with no penalties for discharge
   2. Attorney will still get fees earned UNLESS discharged for cause!!

Question 2

When will you need the court’s permission to withdraw?

Answer 2

When court processes have commenced.

Question 3

When is withdrawal permissive?

Answer 3

1. Harmless withdrawal
   
   1. Client opposes your withdrawal but it doesn’t harm them.
2. Permissive harmful withdrawal
   
   1. Reasonable belief (actual AND objectively reasonable) that client is pursuing a crime or fraud
   2. Client’s action is repugnant or imprudent
   3. Unreasonable financial burden
      
      1. Bad original fee arrangement is not enough!
   4. Failure to pay the lawyer
      
      1. Must give warning first
   5. Good cause

Question 4

What must you do after withdrawal or the end of the representation?

Answer 4

1. Return all of client’s property and unearned fees
   
   1. Can hold onto a retaining lien, but you can’t embarrass the client or sell the retaining lien

Question 5

What if a third party makes a claim to the client’s funds you’re holding on to?

Answer 5

Just keep holding the funds until the dispute is resolved, but pay out any uncontested fees.