It’s very frustrating when a client becomes dissatisfies with a lawyer work. It becomes even more shocking when the lawyer decides to quit and one is left wondering what to do next. This may leave one with a lot of questions in mind such as how this may affect their case. Understanding why and the action to take after the lawyer’s withdraw can help you know how to respond and maneuver through the process with ease. This is because there are many reasons which may lead your attorney to withdraw. While most of these reasons revolve around payment issues, this may not be the truth as some think. It would help if you had an experienced lawyer who can give you an honest review concerning your case.
Understanding The Rules Governing Withdrawal
An attorney withdrawal can be either voluntary or mandatory. Withdrawal depends on the facts of each case. Again, it’s only under certain circumstances can the general rules of professional conduct allow withdrawal from representation. However, withdraw should in no point hurt the client. This is if the withdrawal is effective at the commencement of a case or where there exist suitable replacement. Notifying should be done prior to the attorney ceasing to work on the case. But still, the abandonment may be allowed even if it harms the clients’ interests when the client has been involved or wants the lawyer to be involved in a criminal activity. For such to happen, your lawyer must have permission from the court. If the attorney decides to withdraw, he/she should ensure that the duty of confidentiality continue to be maintained. The exception exists only when that attorney may be forced to recover unpaid fees from the client. But in case of any portion of money exceeding the amount that should have been obtained by the attorney during representation, this should be refunded.
Why Do Attorneys Withdraw From Client’s Representation?
Below are some of the factors that lead to attorney’s withdrawals. They include:
- The client decides to fire the attorney: If a client finds that his/her attorney is not realistic, an action may be taken. But before this, there are factors the client should consider, such as first holding a dialogue with the lawyer. If this seems to be unsuccessful, one may consider taking their legal affairs to another lawyer.
- Where the attorney realizes that continued representation would lead to violation of one or more rules of professional responsibility
- Conflict of interest: It’s always the duty of a lawyer to ensure there is no conflict of interest when dealing with their clients. If this happens, the lawyer may be disciplined by the state’s bar or even be sued for legal malpractice. If your lawyer seems to have other interest such as to a former client of involved in his/her own interests, this may lead to withdrawal. You may consider looking for another attorney in such matters.
- Where the attorney is deemed fit to be a witness in a contested issue: A lawyer can act as a witness except in situations where such would lead to conflict of interest
- Attorney’s unethical issues: This mostly happens when a lawyer realizes he/she is unable to handle your case. Such lawyers are only interested in billing their clients rather than delivering services. Since the legal profession tends to be self-regulating, you may consider looking for another lawyer to help you. But it becomes very hard to a lawyer to become a check and balance of another. If you are in such a situation and don’t know where to get help, you may consider visiting Watson Burns, PLLC to get advice. This is because attorneys are obligated to report the unethical conduct of others.
Client engagement in legal activities
- Client’s financial situation: If a client fails to pay bills, the lawyer should give reasonable opportunities to allow them to source out money. If this still doesn’t work out, then the lawyer may withdraw from your case.
- The client decides to choose a co-counsel to work with the attorney and it becomes difficult for the lawyer to carry out his/her duties.
- Client personality issues: Sometimes, lawyers are unable to work with a client due to their personality. If the lawyer realizes a client will make things harder, due to the client’s unrealistic goals, the lawyer can withdraw.
- The client is not ready to follow instructions: As such a lawyer may withdraw if he/she is unable to persuade the client to follow instructions.
In cases of an attorney withdrawal, you should not attempt to handle your issues alone. You should find a lawyer. A lawyer will do more that give you legal advice but will ensure you have the right strategies to follow.
Legal Help From An Experienced Litigation Attorney
A qualified litigation attorney will explain and address the issues related to your case. He/she doesn’t have the right to withdraw except when a ground for termination exists. If he/she fails to follow the set guidelines under the Rules of Professional Conduct, some disciplinary actions may be taken against them.