Ethical Issues in Withdrawing from a Representation

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.

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.

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.

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.

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.