Withdrawal from Representation
What does "Withdrawal from Representation" mean in law?
Model Rule 1.16 governs when a lawyer must or may withdraw from representing a client. Mandatory withdrawal is required when the representation will result in a violation of the Rules of Professional Conduct or other law, when the lawyer's physical or mental condition materially impairs the ability to represent the client, or when the lawyer is discharged by the client. Permissive withdrawal is allowed when it can be accomplished without material adverse effect on the client's interests, including situations where the client persists in a course of action the lawyer reasonably believes is criminal or fraudulent, the client has used the lawyer's services to perpetrate a crime, or the client fails to fulfill an obligation regarding fees. Upon withdrawal, the lawyer must take steps to protect the client's interests, including giving reasonable notice, allowing time for new counsel, and surrendering papers and property to which the client is entitled.
Definition
Model Rule 1.16 governs when a lawyer must or may withdraw from representing a client. Mandatory withdrawal is required when the representation will result in a violation of the Rules of Professional Conduct or other law, when the lawyer's physical or mental condition materially impairs the ability to represent the client, or when the lawyer is discharged by the client. Permissive withdrawal is allowed when it can be accomplished without material adverse effect on the client's interests, including situations where the client persists in a course of action the lawyer reasonably believes is criminal or fraudulent, the client has used the lawyer's services to perpetrate a crime, or the client fails to fulfill an obligation regarding fees. Upon withdrawal, the lawyer must take steps to protect the client's interests, including giving reasonable notice, allowing time for new counsel, and surrendering papers and property to which the client is entitled.
Example
When a lawyer discovers that her client intends to present fabricated documents to the court and the client refuses to abandon the plan, the lawyer must withdraw from the representation under Rule 1.16(a) because continuing would require the lawyer to assist in fraud on the tribunal.