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2025-10-20 14:00:00

Examines lawyers’ ethical obligations when withdrawing from client representation, covering mandatory and permissive withdrawal grounds, procedures, and post-withdrawal duties.

2025-10-20 14:00:00

Examines lawyers’ ethical obligations when withdrawing from client representation, covering mandatory and permissive withdrawal grounds, procedures, and post-withdrawal duties.

2025-10-20 14:00:00

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Course Overview

Navigating Ethical Withdrawal from Client Representation

Participants will learn when and how to ethically withdraw from client representation under ABA Model Rule 1.16. Apply these principles to protect yourself, your clients, and the judicial system.

Mandatory Withdrawal

Identify circumstances requiring immediate withdrawal.

Permissive Withdrawal

Evaluate discretionary grounds for ending representation.

Procedural Compliance

Navigate court approval and confidentiality obligations.

Post-Withdrawal Duties

Protect client interests during transition.

Course Overview

Navigating Ethical Withdrawal from Client Representation

Participants will learn when and how to ethically withdraw from client representation under ABA Model Rule 1.16. Apply these principles to protect yourself, your clients, and the judicial system.

Mandatory Withdrawal

Identify circumstances requiring immediate withdrawal.

Permissive Withdrawal

Evaluate discretionary grounds for ending representation.

Procedural Compliance

Navigate court approval and confidentiality obligations.

Post-Withdrawal Duties

Protect client interests during transition.

Why Attend

Why this 
program matters

Mastering withdrawal ethics under Rule 1.16 protects attorneys from malpractice claims, disciplinary complaints, and financial liability arising from improper termination of client representation.
14%
Of all legal malpractice claims fall under ‘client relations,’ including improper withdrawal by the attorney (Patrick Malone & Associates, citing ABA study).
83k+
Disciplinary complaints received by state bar agencies in 2018 across 45 states and D.C. (ABA Profile of the Legal Profession 2020).
70%
Of major legal malpractice insurers paid claims exceeding $50 million in a two-year period (Ames & Gough 2023 Survey, ABA Journal).
35k+
Legal malpractice claims filed annually in the United States, with 12,000 resulting in monetary recovery (Settlement Planners, citing ABA data).

Agenda

Session 1

Circumstances When Attorney Withdrawal May Be Appropriate

Session 2

Mandatory Withdrawal Requirements Under Rule 1.16(a)

Break

Scheduled Break for Program Participants

Session 3

Practical Issues in Effectuating Client Withdrawal

Session 4

Ethical Duties Lawyers Owe Upon Withdrawal

clock 2:00 pm - 2:30 pm EST

Circumstances When Attorney Withdrawal May Be Appropriate

Arthur D. Burger

Jackson & Campbell, P.C.

German Gomez

White & Case LLP

This session explores the ethical framework of Rule 1.16, examining when lawyers may appropriately withdraw from problematic client relationships. Topics include clients with fraudulent goals, uncooperative behavior, matters lacking evidentiary support, and nonpayment of fees.

Arthur D. Burger

Jackson & Campbell, P.C.

German Gomez

White & Case LLP

clock 2:30 pm - 3:00 pm EST

Mandatory Withdrawal Requirements Under Rule 1.16(a)

Arthur D. Burger

Jackson & Campbell, P.C.

German Gomez

White & Case LLP

This session covers the four circumstances requiring mandatory withdrawal, including the 2023 amendment imposing a duty of inquiry. Participants will learn the distinctions between mandatory and permissive withdrawal and when continued representation becomes ethically impossible.

Arthur D. Burger

Jackson & Campbell, P.C.

German Gomez

White & Case LLP

clock 3:00 pm - 3:10 pm EST

Scheduled Break for Program Participants

Arthur D. Burger

Jackson & Campbell, P.C.

German Gomez

White & Case LLP

A brief intermission allowing participants to refresh before continuing with the remaining program content. Use this time to reflect on the mandatory withdrawal concepts covered in the previous session.

Arthur D. Burger

Jackson & Campbell, P.C.

German Gomez

White & Case LLP

clock 3:10 pm - 3:40 pm EST

Practical Issues in Effectuating Client Withdrawal

Arthur D. Burger

Jackson & Campbell, P.C.

German Gomez

White & Case LLP

This session addresses the mechanics of withdrawal, including providing proper notice to clients and distinguishing procedures for litigation versus non-litigation matters. Special attention is given to reconciling confidentiality duties when seeking court permission to withdraw.

Arthur D. Burger

Jackson & Campbell, P.C.

German Gomez

White & Case LLP

clock 3:40 pm - 4:10 pm EST

Ethical Duties Lawyers Owe Upon Withdrawal

Arthur D. Burger

Jackson & Campbell, P.C.

German Gomez

White & Case LLP

This final session examines post-withdrawal obligations including returning client papers and property, cooperating with successor counsel, and avoiding material adverse effects. Participants will learn about the concept of noisy withdrawal and special considerations for government attorneys.

Arthur D. Burger

Jackson & Campbell, P.C.

German Gomez

White & Case LLP

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Key topics that will be covered

What will you learn

Attorneys will learn the ethical framework of Rule 1.16 for withdrawing from client representation, including mandatory and permissive withdrawal circumstances and proper procedures.

What will you gain

Attorneys will gain practical guidance on protecting client interests during withdrawal while maintaining confidentiality, professionalism, and compliance with tribunal rules.

Mandatory Withdrawal
When continued representation violates rules, lawyer is impaired, or client uses services for fraud.
Permissive Withdrawal
Circumstances allowing discretionary withdrawal when no material adverse effect harms the client.
Tribunal Procedures
Court permission requirements for withdrawal in litigation matters and compliance with procedural rules.
Confidentiality Balance
Reconciling duty of confidentiality when filing motions to withdraw before a court.
Client Protection
Providing reasonable notice, returning papers and property, and refunding unearned fees.
Prevention Strategies
Due diligence before accepting representation to identify problematic clients or matters early.

What will you learn

Attorneys will learn the ethical framework of Rule 1.16 for withdrawing from client representation, including mandatory and permissive withdrawal circumstances and proper procedures.

What will you gain

Attorneys will gain practical guidance on protecting client interests during withdrawal while maintaining confidentiality, professionalism, and compliance with tribunal rules.

Plans

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Price
$95 – $245
Price varies based
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Included Included Included
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of Bias, etc.)
Included Included
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Individual Purchase
Basic
Premium
Corporate CLE Plan
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Arthur D. Burger

Jackson & Campbell, P.C.

German Gomez

White & Case LLP

Arthur D. Burger

Jackson & Campbell, P.C.

Mr. Burger is a national leader in legal ethics, legal malpractice, and the law governing lawyers, representing prominent law firms and lawyers for over two decades. He litigates in areas including legal malpractice, fiduciary duties, motions to disqualify, internal law firm disputes, and Bar disciplinary proceedings, and also serves as outside counsel to law firms on ethical matters.

Education & Credentials

Adjunct Professor at the Antonin Scalia Law School of George Mason University, teaching Professional Responsibility; member of the Editorial Board of the ABA/Bloomberg Law-Lawyers' Manual on Professional Conduct.

Recognition & Leadership

Selected repeatedly as a Best Lawyer® in Ethics and Professional Responsibility by Best Lawyers of America© and as a Super Lawyer® in Professional Liability Defense; recognized by the court in Diamond Resorts vs. Newton Group Transfers, LLC, 2022 WL 1642865 (S.D. Fla. 2022) as 'more than qualified to give his expert opinion in matters of legal ethics.'

Professional Involvement

Member of the ABA Committee on Ethics and Professional Responsibility (2014–2017); elected DC Bar Delegate to the ABA House of Delegates (2011–2012), working with the ABA Ethics 20/20 Commission; member of the DC Bar Legal Ethics Committee (2003–2009); member of the DC Bar Rules of Professional Conduct Review Committee (1998–2004); has taught numerous DC Bar CLE courses on legal ethics and lectured nationally.

Experience

Over two decades of experience representing prominent law firms and lawyers in legal malpractice, fiduciary duties, motions to disqualify, internal law firm disputes, and Bar disciplinary proceedings. Also serves as an expert witness on legal ethics and the standard of care for lawyers.

Arthur D. Burger

Jackson & Campbell, P.C.

Mr. Burger is a national leader in legal ethics, legal malpractice, and the law governing lawyers, representing prominent law firms and lawyers for over two decades. He litigates in areas including legal malpractice, fiduciary duties, motions to disqualify, internal law firm disputes, and Bar disciplinary proceedings, and also serves as outside counsel to law firms on ethical matters.

Education & Credentials

Adjunct Professor at the Antonin Scalia Law School of George Mason University, teaching Professional Responsibility; member of the Editorial Board of the ABA/Bloomberg Law-Lawyers' Manual on Professional Conduct.

Recognition & Leadership

Selected repeatedly as a Best Lawyer® in Ethics and Professional Responsibility by Best Lawyers of America© and as a Super Lawyer® in Professional Liability Defense; recognized by the court in Diamond Resorts vs. Newton Group Transfers, LLC, 2022 WL 1642865 (S.D. Fla. 2022) as 'more than qualified to give his expert opinion in matters of legal ethics.'

Professional Involvement

Member of the ABA Committee on Ethics and Professional Responsibility (2014–2017); elected DC Bar Delegate to the ABA House of Delegates (2011–2012), working with the ABA Ethics 20/20 Commission; member of the DC Bar Legal Ethics Committee (2003–2009); member of the DC Bar Rules of Professional Conduct Review Committee (1998–2004); has taught numerous DC Bar CLE courses on legal ethics and lectured nationally.

Experience

Over two decades of experience representing prominent law firms and lawyers in legal malpractice, fiduciary duties, motions to disqualify, internal law firm disputes, and Bar disciplinary proceedings. Also serves as an expert witness on legal ethics and the standard of care for lawyers.

German Gomez

White & Case LLP

German is responsible for analyzing and resolving complex ethics, professional responsibility, compliance, regulatory, reputational, and risk management issues for the firm. German Gomez is currently an Associate General Counsel at White & Case an international law firm with over 2,800 lawyers working.

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