Reasons an attorney might leave a case include nonpayment or fee disputes.
Attorneys wishing to withdraw must notify their clients first and file a motion with the court, seeking permission. A judge will either grant this motion and allow withdrawal, or schedule a hearing to decide its legality.
Conflicts of Interest
There can be many reasons for an attorney withdrawing from a case and it is essential to understand why this occurs. Possible factors include ethical considerations, nonpayment for legal services rendered or fees disputes as well as conflicts of interests and any related considerations.
Conflicts of Interest arise when an attorney represents more than one side in a case, which is against the law and could have serious repercussions for both sides involved.
Attorneys must abide by stringent guidelines and rules designed to avoid conflicts of interest in order to best represent their client and ensure their legal rights are upheld. If an attorney feels that they cannot ethically represent their client, they should request permission to withdraw. Unfortunately, this can be extremely distressful for the client as well as potentially delay proceedings as they seek new representation.
Fee Disputes
Lawyers looking to withdraw from a case may do so for various reasons, with court-pending cases necessitating formal procedures in order to seek permission from the judge before ending representation.
Procedures vary between states, but typically involve an attorney filing a motion with the court seeking permission to withdraw from a case and must confirm all procedural safeguards and notifications have been fulfilled.
If the withdrawal of an attorney seems unreasonable or would harm your case, speak with the court and explain your views. A judge will consider whether their reason is valid and whether it would affect proceedings as they stand. While judges do have discretionary power in grant requests made for court orders or withdrawal of services from cases, always receive written notification prior to withdrawing as this will help find another lawyer and meet deadlines without unnecessary delays.
Ethical Obligations
Your client has become difficult, refusing to pay her fees and insisting on aggressive advocacy; also she keeps postponing depositions; as an attorney you feel the urge to withdraw but must adhere to ethical principles.
Some jurisdictions require lawyers seeking to withdraw from an ongoing litigation to gain court approval first, in order to do so with dignity and without compromise of justice. When considering such requests, judges carefully examine each request as well as its reasons and notification requirements in order to ensure fairness for both parties involved.
As noted in ABA Formal Opinion 93-366, withdrawal is never justified when learning after termination that a client has engaged in fraud or attempted fraud against themselves; additionally, substantive law may require disaffirming work product and disclosing information about past fraudulent conduct (see Rule 4.1 cmt [3])”. Likewise, New Hampshire Rules of Professional Conduct require giving notice of intent to terminate representation to clients prior to disengaging from representation.
Time Conflicts
Relationships between attorneys and their clients are essential, yet sometimes fundamental disagreements occur. If an attorney perceives their client to be uncooperative or unwilling to heed advice given them by their legal representative, it may be best for both parties to part ways.
Lawyers may file a motion to withdraw representation at any time, though a judge typically only permits it in cases in which continuing the representation would violate professional ethics or laws. Furthermore, judges will take into account whether their departure could negatively affect other clients or the administration of justice.
As with all professionals, attorneys may voluntarily withdraw from cases due to irreconcilable differences, health or personal considerations or other factors. Some will opt not to withdraw unless circumstances warrant withdrawal; when this occurs it’s essential that all the reasons behind it are understood in order to attempt resolution; otherwise consult a legal malpractice attorney about possible options.