Вы находитесь на странице: 1из 6

Attorneys Withdrawal from a Case: The Right, The Wrong and The Illegal

Can an attorney withdraw from a case? How? Valid? Not valid? Forbidden? When is it illegal? Difference between the wrong and the illegal? When is the right time to withdraw as counsel in a case? Or is there a right time? How do you say it? Connect it with legal ethics. Jurisprudence. CASES: where lawyers try to withdraw, or withdrew from a case. What is/are his reason/s. Code of Professional Responsibility. Rules of court. Administrative orders? Order from the supreme court. Ethics book, please. TRY UST.

Code of Professional Responsibility CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRTUMSTANCES. Rule 22.01 -A lawyer may withdraw his services in any of the following cases: a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling; b) When the client insists that the lawyer pursue conduct violative of these canons and rules; c) When his inability to work with co-counsel will not promote the best interest of the client; d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; f) When the lawyer is elected or appointed to public office; and g) Other similar cases.

Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter.

CANONS OF PROFESSIONAL ETHICHS 44. Withdrawal from employment as attorney or counsel The right of an attorney or counsel to withdraw from employment, once assumed, arises only from good cause. Even the desire or consent of the client is not always sufficient. The lawyers should not throw up the unfinished task to the detriment of his client except for reasons of honor or self-respect. If the client insists upon an unjust or immoral course in the conduct of his case, or if he persists over the attorney's remonstrance in presenting frivolous defenses, or if he deliberately disregards an agreement or obligation as to fees or expenses, the lawyer may be warranted in withdrawing on due notice to the client, allowing him time to employ another lawyer. So, also, when a lawyer discovers that his client has no case and the client is determined to continue it; or even if the lawyer finds himself incapable of conducting the case effectively. Sundry other instances may arise in which withdrawal is to be justified. Upon withdrawal from a case after a retainer has been paid, the attorney should refund such part of the retainer as has not been clearly earned. http://www.chanrobles.com/canonsofprofessionalethics.htm#.UUgRxqAznzI

even after you and the client have parted company, the attorney-client relationship remains. You are required to maintain client confidences.

Some situations merit withdrawal assuming the attorney can do so without material adverse effect on the interests of the client. A clients failure or refusal to pay its bills could be a sign that it is unhappy with the services provided by the lawyer. This is especially true if coupled with actual complaints or other noticeable changes in the relationship between the attorney and the client. On the other hand, a clients inability to pay can be just as worrisome. Law practices cannot survive by providing services to client who can never pay. The bottom line is that when a client stops or refuses to pay, attorneys should consider the option of withdrawal long before the representation reaches the crisis point. Sometimes the best reason to consider withdrawal is completely intangible. Attorneys often know when attorney-client relationships change, long before something actually happens. Once they start, they rarely improve without a candid conversation about what is happening and why. Not all changes should lead to withdrawal, of course. But when they happen, attorneys must react or consider withdrawal. Attorneys are the best judges of whether they should continue handling a matter. Whats important is that attorneys pay attention, recognize the warning signs, ask the right questions, and follow their instincts. The answer may be withdrawal. If so, there is no good reason to postpone the inevitable. The better solution is to prevent a bad situation from become a worse problem by ending the representation. -

Withdrawal: Know when it's right, By J. Randolph Evans and Shari L. Klevens ,
http://www.dailyreportonline.com/PubArticleDRO.jsp?id=1202 573312800

Once you have decided to leave, you have a new client: you. Your purpose now is to get out of the case with the least exposure possible. It is to leave the client with good feelings, or at least with no vendetta against you. This means that you should not call the client a deadbeat or harass the client about fees, documents, etc. At this point, all communication should be in writingletter or e-mail, preferably both. If there is an oral communication, confirm it in writing. Remember, everything that you do will be part of the record. You may hate the client. You may think that the client took advantage of you. It does not matter. If it will make you feel better, write a letter and explain it. Then burn or shred the letter. If you feel a need to vent, do so in private. Doing so in a public place will do you no good and can destroy relationships, not necessarily with the client. GERMANE! Finally, remember that even after you and the client have parted company, the attorney-client relationship remains. You are required to maintain client confidences. - How to Withdraw By Marc S. Stern

From a Case

https://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/g p_solo_magazine_index/solo_lawyer_withdraw_case_client_ethics.html

There is a certain degree of trust and personal information that a client shares with an attorney that makes the attorney hard to replace. The sensitive information that is shared and discussed makes it hard to start over with a different legal counselor just as it is difficult to do with a mental health counselor. Yet, while it is ideal when the same attorney can represent a client from the beginning to the conclusion of a legal matter, it is not always possible. The law and the rules of professional responsibility encourage attorneys to work with clients until the completion of their legal matter. However, the rules also recognize that sometimes it is not in the clients best interest to require the attorney to do so. Therefore, while the presumption is that a client will work with an attorney until the resolution of his or her legal matter, there are situations when a new attorney should be retained. - Can My Attorney Quit?
By: LawInfo Published: 11/2008