Attorneys are subject to professional rules and guidelines which outlined the process for withdrawing, such as giving reasonable notice to clients and seeking court permission.
When attorneys withdraw from cases, it can cause confusion and anxiety for clients. Luckily, there are ways to lessen its effects.
1. Conflict of Interest
Attorneys with potential conflicts of interests must submit to court approval before withdrawing from cases – this might include being paid from final proceeds, having personal relationships with opposing parties or receiving payment out of settlement proceeds for litigation against you. Essentially they cannot properly represent you if they cannot avoid conflict of interest situations.
Lawyers also have an ethical responsibility to safeguard any confidential client information, and cannot knowingly assist their client in engaging in fraud by giving false testimony in court. Such conduct would likely constitute self-dealing and lead to their disbarment from practice.
If an attorney wants to leave the case, ask why. If there’s anything that needs resolving immediately, doing so can protect your interests as a new attorney will need to quickly become familiar with all your current procedural posture and any upcoming hearing dates – which could cause unnecessary delay and potentially end up dismantling proceedings for good.
2. Breakdown in Communication
At attorneys, it is critical for them to communicate clearly with their clients. Communication breakdown can happen for various reasons – sometimes as simple as misinterpretation of what was meant to be communicated or as serious as not having an unified language and being unable to work as a team.
Not infrequently, attorneys must withdraw from cases due to issues with either their client or underlying matter. Downey suggests that lawyers may file a motion for withdrawal if their client acts unreasonably and is uncooperative, or due to physical or mental illness which compromises his/her ability to represent their clients effectively.
However, when withdrawing from a case it is essential for an attorney to comply with professional rules, such as seeking permission from the court.
3. Non-Response to Communication
As soon as a client fails to respond or is seen hiding from their attorney, an attorney may seek permission to withdraw. Such actions may damage both the legal process and case in general.
Downey notes the importance of lawyers being diligent when writing withdrawal motions. He recommends avoiding disclosing sensitive or prejudicial information and only including details necessary for the court to understand why a withdrawal must take place.
Though a client may disagree with the decision to withdraw from a case, attorneys have the responsibility of protecting both themselves and their clients by taking steps that protect both. When an attorney withdraws, this can have serious repercussions for clients as they find new representation and get positive results for their legal matters.
4. Failure to Make Payments
Clients retaining attorneys typically sign an agreement committing them to pay on an agreed schedule; should payments not come through as promised, an attorney can withdraw from representing them in court proceedings.
Before withdrawing from a case on this basis, however, it should first be discussed with the court, since withdrawal could cause clients to feel unfairly treated and could jeopardise their legal rights in some way.
Furthermore, it would be inappropriate for an attorney to just withdraw without first attending court hearing and/or receiving permission. Therefore, it is wise to include in their client engagement letter any potential circumstances for withdrawal due to nonpayment and provide ample warning if fees are not received on time.
Attorneys should use diplomatic but clear language when crafting motions to withdraw, in order to protect their client from disclosing sensitive or prejudicial information to opposing counsel and/or the court. Downey encourages lawyers seeking professional ethics advice when writing withdrawal motions.