HTML Preview Termination Of Service Letter To Client page number 1.
Termination of the Representation
Mandatory Termination of Representation
A lawyer may not represent a client, or where representation has commenced, must withdraw from the representation of a
client, if:
➤ the representation will result in violation of the Rules of Professional Conduct or other law;
➤ the lawyer’s physical or mental condition materially impairs her ability to represent the client;
➤ the lawyer is discharged (see Rule 1.16(a) on page 91); or
➤ the lawyer has withdrawn from and/or terminated the representation due to an actual or potential conflict of interest.
Permissive Termination of Representation
A lawyer is permitted to withdraw from representation of a client, if withdrawal can be accomplished without material adverse
effect on the client’s interests, or if:
➤ the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or
fraudulent;
➤ the client has used the lawyer’s services to perpetrate a crime or fraud;
➤ the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental
disagreement;
➤ the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given
reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;
➤ the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably
difficult by the client; or
➤ other good cause for withdrawal exists. (Rule 1.16(b).) (See page 91.)
Exceptions
Nevertheless, a lawyer must continue representation of a client notwithstanding good cause for terminating the representation
when ordered to do so by a tribunal. (Rule 1.16(c).) (See page 92.)
Also, a lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a representa-
tion.
Other Reasons for Termination
The termination of representation of a client may occur for several other reasons:
➤ the matter has been concluded by closure, settlement, judgment, appeal or dismissal.
➤ the client and the lawyer have mutually decided to terminate the representation.
SECTION 7
76 §7. TERMINATION OF THE REPRESENTATION