Even if withdrawal is not required by the rules, it is still advisable to decide whether withdrawal is allowed and, if so, whether or not it would be the best course of action in the current situation. For example, the relationship with the customer may go far enough beyond repair that a withdrawal is preferable. Rule 4-1.16(b)(4) states that a lawyer may resign from representation if a client «insists on taking actions that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement.» Regardless of the reason for the revocation, whether mandatory or permissive, Rule 4-1.16(c) requires the lawyer to obtain authorization from the competent court if necessary. Ultimately, a lawyer can resign from a client`s representation for almost any reason if the resignation does not have a significant negative effect on the client`s interests and the court allows it. Whether a revocation is mandatory or discretionary, the lawyer must «take steps to protect a client`s interests.» 14 The lawyer should therefore consult the rules and provide for a withdrawal so that the client receives appropriate notification, including the time to hire another lawyer, immediate possession of his or her file, and repayment of an unearned or accumulated advance payment of fees or expenses. Lawyers who have questions about revocation can also contact their carrier`s malpractice risk managers and the Ethics And Legal Advisor. If a material disagreement arises with a client or if a client refuses to cooperate with sound legal advice, you must first determine whether a resignation is necessary. When considering whether or not to withdraw from a particular representation, carefully read Rule 4-1.16 – Rejection or Termination of Representation. This rule sets out the situations in which withdrawal is mandatory (see 4-1.16(a) and the commentaries to rules [2] and [3]) and the situations in which a lawyer may resign but is not obliged to do so (see Rule 4-1.16(b) and the commentary to Articles [7] and [8]).
Whether the revocation is mandatory or discretionary, the lawyer must review the rules of procedure relating to any attempted withdrawal. Rule 4-1.16(c) states: «A lawyer shall comply with applicable law, which requires notice or authorization from a court when terminating representation, unless the attorney has filed a notice of termination of the limited appearance. Unless such notice is filed, a lawyer will continue to represent him if requested to do so by a court, regardless of the valid reason for terminating the representation. Rule 4-1.16(d) requires that a lawyer who withdraws from representation provide the client with appropriate notice of revocation. The ABA/BNA Lawyers` Manual on Professional Conduct suggests that the termination provision is independent of the other provisions of Rule 4-1.16, which means that you are required to notify your client even if you do not need to obtain judicial approval for your revocation. [5] The purpose of the termination provision is to give the client the opportunity to employ a new lawyer, recover documents and property, and meet or extend impending time limits. [6] In Re Coleman, Mr. Coleman informed his client by letter that he would terminate the representation if he did not hear from his client within one week. [7] After hearing nothing from his client within a week, Mr.
Coleman filed a withdrawal request in the client`s three pending cases, but did not provide the client with a copy of the resignation requests. [8] The Missouri Supreme Court found that the withdrawal was reasonable, but that Mr. Coleman was required to provide his client with a copy of the request for resignation to inform her that the withdrawal had indeed taken place. [9] The question of whether the declaration of withdrawal is sufficient or not may be specific to the facts of the present case. Nevada courts have said that this notice must clearly state that the attorney will step down and should indicate the date and time the attorney will apply to the court for a resignation order. [10] Informal Opinions (this list may not be exhaustive):Link to Informal Opinions (You will be redirected to the Missouri Bar Association website, where informal opinions issued by the Office of the Legal Ethics Counsel are published. You can search by keyword, opinion number or thematic index (rule number). 2 «A lawyer should not accept representation in a case unless it can be competently executed, promptly, without undue conflicts of interest and until its completion. Normally, representation in a case is completed when the agreed alimony is completed. Missouri Rule of Ethics («Rule») 4-1.16 cmt.
[1]. The original file, from cover to cover, belongs to the client. [15] Rule 4-1.16(d) requires a lawyer who has retired or been dismissed to hand over the client`s papers and property. There is an exception to the rule that a lawyer can keep out of his own pocket items that he has paid for out of his own pocket and that have not yet been reimbursed (p.B transcripts). [16] However, after the lawyer has received the refund, the lawyer must immediately hand over the property to the client. [17] Rule 4-1.16(a) lists three situations in which a lawyer must withdraw from representing a client: when «representation results in a violation of professional rules or other laws», when «the physical or mental condition of the lawyer significantly impairs the lawyer`s ability to represent the client» or when «the lawyer is dismissed». These situations are usually simple, but lawyers must undergo a self-analysis to ensure that their health does not compromise their competence and the prudent representation of their client. In addition, lawyers sometimes find it difficult to accept their dismissal and do not take «reasonably practicable» steps to protect the client`s interests after dismissal.3 There are many situations in which a lawyer may attempt to withdraw from a client`s representation. Rule 4-1.16 b lists seven. The first reason given is, without explicitly stating it, a resignation without valid reason. A lawyer may resign if this «withdrawal can take place without significant negative effects on the interests of the client». 4 Timing is crucial here.
For example, if a significant time limit is approaching, depending on all the circumstances that accompany it, including if another discretionary ground under Rule 4-1.16b is applicable, the revocation may be inappropriate. «The applicable law requiring notification or authorization by a court» is specified in the local court rules. In Missouri, the local rule of the district courts regarding the withdrawal of attorneys is Local Rule 21.4. Note that each tour has its own «local» rules. Some counties allow resignation without a judge`s permission in certain prescribed circumstances.8 Others require that all withdrawal requests be noted for a hearing.9 Lawyers should review local rules. Most of the discretionary grounds for resignation, usually listed, are quite specific and give a reason for resignation: in most cases, the client relationship is successful and leads to the conclusion of an uneventful representation. .
