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Concept
Withdrawal from representation
Summary
Withdrawal from representation, in United States law, occurs where an attorney terminates a relationship of representing a client. There are two types of withdrawal: mandatory and voluntary. Mandatory withdrawal occurs where a circumstance arises under which an attorney must terminate the representation, while voluntary withdrawal occurs where circumstances permit the attorney to terminate the representation at the attorney's election. Where litigation has been filed and an attorney is representing the client in court, permission of the court must usually be sought in support of an attorney's withdrawal.
There are many circumstances which require that an attorney must withdraw from a case:
The client fires the attorney.
The attorney determines that he is not competent to continue representing the client in a matter.
A conflict of interest arises under which the attorney's continued representation of multiple clients impairs the attorney's obligations to the individuals.
The client insists upon advancing a frivolous claim.
Continued representation would violate the rules of professional responsibility.
The attorney is in a physical or emotional state that seriously impairs the attorney's ability to continue the representation.
It is likely that the attorney will be called as a necessary witness as to a contested issue in the proceeding, and that testimony cannot be obtained elsewhere.
The attorney discovers that the client is using the attorney's services to further a criminal act.
An attorney may voluntarily terminate the attorney-client relationship at any time and without reason, if this will not have a material adverse effect on the interests of the client. Even if the withdrawal will be adverse to the client the attorney may still withdraw for a number of reasons:
The client is engaged in illegal or fraudulent activity.
The client fails to pay fees as agreed.
The financial burden on the attorney of continuing the representation is too great.
Official source
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