As a client, it can be disheartening to learn that your attorney is dropping your case. But it is important to remember that attorneys have certain responsibilities and duties when representing clients.
Reasons an attorney may need to withdraw from a case include:
1. Legal Issues
Legal affairs present many scenarios that could prompt an attorney to withdraw from a case. While it is always their goal to assist their clients to the best of their ability, sometimes circumstances dictate that this action must take place.
When this occurs, it is imperative that a lawyer files their motion to withdraw with due care and diligence – this includes not disclosing confidential or sensitive information while causing no prejudice to their client.
Law requires attorneys to give clients written statements detailing why they are withdrawing from a case, so that clients understand why their attorney left and why it is imperative they secure new counsel immediately.
2. Conflict of Interest
Attorneys strive to protect their clients, yet conflicts sometimes arise. When any perceived or possible perceived conflicts of interest exist, an attorney must inform and receive permission from their client before continuing work on their case.
Avoiding issues is always wise; however if the client disagrees and wants to go forward with their original attorney they should seek second opinions from an equally competent attorney.
Lawyers must withdraw from cases if it can reasonably be anticipated that continuing representation will breach laws or rules of professional conduct, known as mandatory withdrawal. Some judges may refuse a lawyer’s motion for withdrawal during proceedings for lack of valid reasons.
3. Health Issues
Attentive attorneys with passion for their cases often feel an obligation to see it through to completion, especially if their fees will come directly out of the final proceeds of the suit. Lawyers experiencing health issues that compromise their ability to represent clients should know when it is appropriate or even necessary for them to step away.
Ethics aren’t the only concern when it comes to client/lawyer relations – basic human decency should also come into play here. Clients should treat their lawyers with dignity and follow their lead when it comes to how the case should progress, otherwise the client could find themselves needing a new one and endanger their legal rights in doing so. When withdrawing, lawyers should provide formal notification detailing why.
4. Financial Issues
From a client’s point of view, learning that an attorney plans to withdraw can feel like betrayal. However, as legal professionals they must remain consistent and reliable representation is vital in order to efficiently resolve cases efficiently and predictably for all.
If you find yourself facing a situation which could force your attorney to withdraw from representing you, it is vitally important that both parties meet and discuss it openly. Even though you might not be able to resolve it immediately, an open dialogue can help both of you fulfill their ethical responsibilities more readily. Furthermore, upon withdrawal it’s crucial that any unearned fees or case files be returned back to you immediately.
5. Other Issues
Many attorneys must withdraw from cases for various reasons, including nonpayment of attorney fees, inability to communicate effectively or engaging in activities which could prejudice their case; engaging in unethical or illegal behavior which compromises it; seeking to mislead the Court through misleading statements; refusing cooperation and refusing cooperation – then it may be appropriate for an attorney to file a motion of withdrawal and file for an order of withdrawal from that particular client.
As clients, it is crucial that they fully comprehend why an attorney may withdraw from their case so they can plan ahead and receive legal representation they need. Reach out to an attorney now so they can assist with managing this situation with minimal disruption; after all, it’s your right to the best representation available!
